I have to file for 8379 due to my husbands child support debt (from his ex wife). Will this affect how long it takes to get my return if I e file? Will it affect the earned income credit we would receive? If it makes a difference, I made much more than he did last year, about 23,000 to his 6,000. Would I be better off filing by myself?
2007-03-02 14:30:14 · 4 answers · asked by cs 5 in Business & Finance ➔ Taxes ➔ United States
He only owes about $600 in back debt
2007-03-02 14:50:21 · update #1
Not really because if you have certain credits or deductions filing separate could exclude you from claiming them, EIC is an example.
You already are doing the right thing by filing the Injured Spouse Claim, They base the determination on who is entitled to what portion of the refund based on income and tax liability.
2007-03-02 14:42:28 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Filing an injured spouse claim will definitely lengthen the time it takes to get your refund, since it can't just go through normal processing.
It would not affect the amount of EIC you'd be eligible for, although part or all of that amount might end up allocated to your husband so be taken for the back support.
If you file as married filing separately, neither of you would be eligible for EIC. Since the amount he owes is small, you'd probably be better off just filing joint without the injured spouse form, let them take the $600 in back support and be done with it - otherwise you'll continue to have this hanging over your heads, and be in the same situation with taxes next year if he doesn't pay it off by then.
2007-03-03 12:22:32 · answer #2 · answered by Judy 7 · 0⤊ 1⤋
No, file jointly and file Form 8379. You're entitled to your portion of the refund. Filing jointly is more advantageous than separately. You would be able to take advantage of certain credits. However, this form must be mailed in with your tax return. You cannot e-file Form 8379. Filing this form will also delay the time it takes to receive your refund. From my experience, it can take approx. 8-10 weeks.
http://www.irs.gov/pub/irs-pdf/f8379.pdf
2007-03-03 04:38:28 · answer #3 · answered by tma 6 · 0⤊ 0⤋
yes
having gone thru this i can tell you
1) it's hardly worth it to file injured spouse as to the cost of the form
2)if you plan to stay with him just let irs take all instead of 1/3 your refund....at 23,000 it can't be much
3)no, it's not better to file single because you both lose married tax credit
4)yes it affects how long it takes for your portion of the refund to come to you...once again, it really is better to file jointly and let them have it all...and i know it's not your bill but it's something you both will pay until it's paid off unless you divorce him
5)he makes 6,000 and owes back support? it will not go away unless you pay it off and at his wage earnings that will probably be some time
6)he needs a better job
or
7)you need a better hubby
or
8)YOU WILL PAY IT OFF FOR HIM
2007-03-02 22:32:49 · answer #4 · answered by pundragonrebel 3 · 0⤊ 1⤋