Asked 12/7/2009
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Child tax credit, back child support and married filing separate. I worked 2009 until April, I got married on July, my husband is currently(I am not) working and he is behind on his child support I have one boy and I really have no idea on how to fill my tax form and get also the best refund on it with out having to pay for my husband debs.
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Answer 1/5 - Submitted 12/7/2009
Married filing joint
also file Form 8379 (Injured Spouse)
The MFJ will get you the best tax rates and credits; the 8379 will allow the IRS to divide the refund between you and your husband. Since your husband had most of the income, the IRS will decide he's due most of the refund, but at least you'll get a portion that's reasonable.
Your only other legal filing option would be Married Filing Separate, which has the least favorable tax rates and eliminates several credits. It would, though, be great for totally separating your income and refund from your husband's.
Answer 2/5 - Submitted 12/9/2009
My first suggestion is not use Turbo Tax. I do not think you can use it for Non-resident returns. You will actually have to file 2 returns if you are still living in Puerto Rico at 1040 NR for Puerto Rico and a 1040 for the US income unless you are military and then you would file US return and a state return for the in the state where the military person is domiciled and a state return in CA for the time you worked there. You have some complex tax issues. I recommend at least for this year to use a tax service. And please investigate who you use. It is important for your peace of mind.
Answer 3/5 - Submitted 12/11/2009
US Citizens living and working outside the States would still use a form 1040 to file, but I agree that having non-US income would complicate the return beyond what you should be using Turbo Tax for.
Is your husband a US Citizen? If so, the 1040 would still be the correct form ... if he is Puerto Rican, then you might have to file a 1040-PR, you would need someone more familiar with those requirements to help you.
Answer 4/5 - Submitted 12/11/2009
Answer 5/5 - Submitted 4/13/2010
Do NOT file jointly...if you do, you might gain some money (not much probably), but the CS amount, even with injured spouse might take more away than it's worth...I would file separately so that CS doesn't have access to your income or information either...Good luck, I'm in the same boat...yuck!
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