You do not qualify as Head of household if you are married and live with your husband.

If you are married on Dec 31 of 2008 and live together then you are Married Filing Joint or Married Filing Separate.

You file MFJ can attach form 8379 injured spouse. You are the injured spouse being the one with out the debt. You allocate the child to you on the form giving you the exemption from tax and any credits like child tax credit. The IRS will release your portion of the refund and seize your husbands to pay the debt. The refund will be released a little slower than the average return.

You will have to file a injuried spouse form it you file together. You will have to file as married. They will take your money if you file together

Soooo i have kinda the same situation except i got married in may and im in the military stationed overseas and he stayed in texas we have NOT lived together since the marriage.... but he also owes back child support so what so i file?

Because of credits and tax rates, it is usually better to file Married Filing Joint, and fill out Form 8379 (Injured Spouse) to show the IRS how much income / deductions / exemptions each of you are contributing to the tax return. The IRS then calculates how much of the refund belongs to each of you, keeps the refund for the spouse with the debt, and releases the refund for the injured spouse.

I have a similar question but more complex. My husband and I currently have custody of his 2 children and I have custody of my 2 children. We just recently got his second daughter this year. He now pays no child support but because he owes back support on them all the support that she is supposed to pay goes to the back support owed. She does not have custody of any of her children now (she has 2 from another marriage). So is it possible since we have them now to get the whole refund? In the past we have filed separately and he has owed taxes. I was told by the IRS that she would get half of the refund even though most of the refund was mine due to the 2 dependents being my children.

If you live in a community property state, the injured spouse form will only get you half of your return. HALF of your return will still be seized to pay your husbands debts. My husband and I have been waiting 3 months for our return and just received a notice that all of our return was seized to pay his debts. I've contacted a lawyer and he told me that while they can take half of it, it has to be divided in HALF. So, once we file an appeal, we will only receive half of the refund. Good luck.

No u do not qualify

I have similar question my husbands son lives with his mom and he doesn't work but he has back child support to pay. If i file head of house hold will the IRS take my money even though i didn't put his information on my taxes?

Cindib19,
If you are married and living with your spouse, you cannot legally claim "Head of Household" filing status. Your choices are Married Filing Joint (include a 8379) or Married Filing Separately.

Things like "Head of Household" don't mean the same to the IRS as they do to regular folks. Since your husband doesn't work, you would obviously be the financial head of your household -- but that isn't how the IRS defines that status for tax purposes.

Ok so me and my ex filed together last year and I got a letter and so did he saying that we owe back taxes we are not togehter anymore and I know that it is half mine debt also and I know they will take it from my taxes this year....He said he is not going to file this year so will it take longer for me to get my taxes back and if he dont file will I have to pay it all? I know this is not a answer to the question that was asked but if you can help! Thanks I filed my taxes on the 28th of January and still have not got nothing:(

Country_girl
The IRS considers the taxes to be "jointly and singly" owed on a Married Filing Joint return. That means they will collect it from whoever they can. If your ex no longer files a return, they will collect it all from you.

Thank you that is what I was wanting to know and that is fine at least I know next year that I want owe anything ;) Another thing do you know how long it will take to get it back l filed on the 28th of January and they are saying that they have to clear his SS# and that is what is taking so long have you ever heard of this befor?

Country girl, the IRS debt should have been included in your divorce property settlement. Who was to pay it? If you were to, then it's fine. If he was to assume that debt, you can ask the court to find him in contempt and attempt to recover the funds back from him.

Returns filed January 28, 2011 would have released on February 11 if there was no reason for them to be held.

Since yours has a hold on it, a week or two late wouldn't be a surprise. They seldom drag it out longer than that, unless there is a serious issue, and then they'll write a letter. You might check the "Where's My Refund?" link on www.irs.gov , it has been pretty accurate this year about delayed refunds.

Thank you so much, You have been such a big help to me Reader no I know what is going on ;.)

As listed above, Married Filing Joint with 8379 (injured spouse) is your best bet. If I was in your situation, then this is what I would recommend. Let us know how this goes for you.

My husband and I filed jointly this year not knowing he owed back support until the entire amount was seized. It's a big mess. I filed 8379 and hoping to get some back since I was the ONLY one working and paying taxes in my house. At this point I think we would all be better off being unmarried and shacking up to be honest.

As others have stated, the best thing to do is Married Filing Joint with 8379.

If i get married dec 17 this year will i loose my status foor my income as head of house hold and my credit for my boys

Can i still file head of house hold for my kids if i marry dec 2011

Lizziearrate, if you are married on or before December 31 and lived with your new husband at all during the last half of the year, then your only two choices are Married Filing Joint or Married Filing Separately.

Head of Household status exists for single people, or married folks who have separated. that have children.

If your ex husband owes the irs can they take your refund if you claimed them as a dependent

Nikki4512, If IRS offsets your refund this year or not isn't about who you claim as a dependent.

It depends more on if your ex-husband owes taxes for the years you were married and filed jointly with him or if the taxes are from some other year when he filed separately from you. They can take your refund if you were a co-filer for those years you were married and owe unpaid taxes.

We'll need more specific information to really answer your question. It's best if you ask a new question of your own so that it doesn't get lost on someone else's old question.

No, you will not owe any back taxes mainly because even though you are considered head of the household, the back taxes he owes falls under his social security number and therefore they are his responsibility. You will have nothing to worry about and if you are charged any back taxes, you should get an attorney and have him file a dispute with the IRS and you will win because there should be no reason why you owe any back taxes because he had that problem before he met you and even if he didn't, you still wouldn't have anything to worry about because of all the disputes.

Myers,

Married couples can't file HOH unless they consider themselves unmarried and have lived apart for at least the last six months of the year.

Also, the IRS does not publish it's formula for apportioning the refund on a joint return., However, a tax refund can be treated as community property, even if the one owing child support doesn't work. Half the refund, particularly if it includes any of those "free money" refundable tax credits that act as a form of substitute welfare can be allocated to the non-working spouse.