Sunday, August 22, 2010

When filing with the Injured Spouse Form, can I file for my child since he is the one that owes child support?

even though I'm not head of household?When filing with the Injured Spouse Form, can I file for my child since he is the one that owes child support?
No, unless you want to be audited. The Head of Household gets to claim your child.When filing with the Injured Spouse Form, can I file for my child since he is the one that owes child support?
Injured Spouse claim is just what it says for a spouse. Many married taxpayers choose to file a joint tax return because of certain benefits this filing status allows. Both taxpayers are jointly and individually responsible for the tax and any interest or penalty due on the joint return even if they later divorce. This is true even if a divorce decree states that a former spouse will be responsible for any amounts due on previously filed joint returns. One spouse may be held responsible for all the tax due even if all the income was earned by the other spouse.





In some cases, a spouse (or former spouse) will be relieved of the tax, interest, and penalties on a joint tax return. Three types of relief are available.





Innocent spouse relief.





Relief by separation of liability.





Equitable relief.





see Publication 971
You do not need to file an injured spouse form if the person who owes child support is your dependent. The only time a person needs to claim injured spouse status is if their husband/wife has debts which are subject to offset.

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