Injurd Spouse Tax Form?

Question

Hello,

Prior to our getting married, my husband had taxes that he owed on that he began paying, he is still currently paying on them. My question is, now that we're married - if we file married, but separately, I can't claim my interest paid on student loans, nor can I claim the child expense (so I'm told). It was suggested by an HR Block representative to file jointly, but that I also file a separate injured spouse form so that my refund doesn't get garnished to pay his back tax. Is anyone familar with this?

Answer 1

You posted this in "United Kingdom" so you won't get many responses. Repost in "United States" if possible.

Yes, assuming that you have income and withholdings, an injured spouse election is possible. People who file "Married-Filing Separately" lose many of the deductions and credits.

The biggest drawback of an injured spouse election is "Time". These returns must be mailed in and it can take a while to get your money. You could file your joint return electronically and then mail in the injured spouse form separately. If approved, you should get your refund in 12 weeks or so.