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Need help on filing status??Please n thank u

I am married with 2 children i file for earned income. However, my husband didn't have any earnings last is there a way to file without him and still get the earned income credit? i know i can't file married filing separate because I wouldn't get the credit, but is there a way to file head of household or something? his taxes are garnished every year and i have been filing with him, but i loose my taxes in the process. i know i can file injured spouse but I know that holds things up. anyone with tax experience and knowledge would really be appreciated. i just want to get my tax return legally and do what's right. thanks so much!!


Asked by Anonymous at 9:39 AM on Jan. 14, 2009 in Money & Work

This question is closed.
Answers (7)
  • Ooh, thats a good question. I was sitting here thinking about it and I really don't know. I would think that since he didn't have any earnings that he woulndt have to file but then again, if he does, you don't want them to take your tax return. I would contact a very reputable CPA and have them do your taxes and put their name on it as the preparer. I would avoid the kiosk in walmart for this type of issue. Good luck. Thats tricky.

    Answer by momofsaee at 9:54 AM on Jan. 14, 2009

  • You can NOT file head of household unless you are not married.

    Answer by Anonymous at 9:51 AM on Jan. 14, 2009

  • Your only option is married filing jointly or married filing seperate. If you aren't eligible for EIC filing together you don't qualify. I guess you could file head of household if you wanted to risk getting caught and then hit with taxes and penalties for filing when your not eligible. You must be unmarried with dependents to file HOH. You can also file if your seperated for more than 6 months from your spouse (them NOT living in the home, not due to employment purposes)

    Answer by Anonymous at 9:56 AM on Jan. 14, 2009

  • I would file Married filing seperately. That way I wouldn't get my taxes taken. It is legal nothing wrong with filing w/o him. But you won't get as much either cause you are filing seperately instead of jointly. I did that one year, but it turned out to make us lose money cause of the seperate instead of jointly. So it will be fine doining it that way.

    Answer by lovinmomto3 at 10:09 AM on Jan. 14, 2009

  • I would do married filing seaparate so that they do not garnish your tax return money! You're ONLY optoins are married filing separate and married filing joint. Fill the forms out both way and seewhat is optimol.

    Answer by Anonymous at 10:12 AM on Jan. 14, 2009

  • You only have 2 options married filing joint or married filing sperate and if you file married filing sperate you can't claim the EIC. I worked in a tax office. When you get married you take on the other persons debt get used to it.

    Answer by Anonymous at 10:36 AM on Jan. 14, 2009

  • I have been used to it, I've paid over $8,000 of his debts.Besides helping him, it's screwing everyone else in this family. I will file married filing joint and fill out an injured/innocent spouse form as the irs recognizes his debt is not my responsibility. Thank you to everyone else, who answered it was very nice of you. to the rude anonymous poster telling me to get used to, that was pretty rude.

    Answer by Anonymous at 4:48 PM on Jan. 14, 2009