Should I amend my taxes, or file for Injured Spouse Allocation?

[chen12]

I filed taxes for my husband and I as joint filing together, as I normally do. However, my husband did not have any income last year. I received much less money on my return than I was supposed to. Apparently it was because the government took out the back-child support that my husband owes from his previous marriage.

He claims that he filed an appeal to have his child support reduced last year, since he now makes much less (or no) money, and we have two children of our own to support. However, he says that he never heard anything back from the court.

I need the money in order to pay for preschool/daycare for my children while I work full time, and I live in a state that does not have a community property law. Would it be more beneficial for me to amend my tax return to not include my husband at all (since no income was from him), or to file an "Injured Spouse Allocation"?

[spengler]

I would file the Injured Spouse Allocation.

[kirklin]

I would file the Injured Spouse Allocation.

Yes, and it can take up to a year to get a hearing to modify support. Has he checked to see that Child Support Enforcement actually did the filing?
http://ChildSupportRights.org/Child-Support-What-U-Need-2-Know
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Federal Child Support Enforcement Handbook for Non-Custodial Parents
http://ChildSupportRights.org
http://childsupportrights.org/ChildSupportNTaxes
http://childsupportrights.org/ChildSupportQuiz
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[tahmelapachme33]

Would you rather pay $1,000 more in taxes or pay down debt by $1,000? I know what I'd do -- file the 8379!

[blaeey]

file with him and say that he didn't make any money

[caomh]

You can not change the filing status, but you can file form 8379 for a refund.

[therron57]

I filed taxes for my husband and I as joint filing together, as I normally do. However, my husband did not have any income last year. I received much less money on my return than I was supposed to. Apparently it was because the government took out the back-child support that my husband owes from his previous marriage.

He claims that he filed an appeal to have his child support reduced last year, since he now makes much less (or no) money, and we have two children of our own to support. However, he says that he never heard anything back from the court.

I need the money in order to pay for preschool/daycare for my children while I work full time, and I live in a state that does not have a community property law. Would it be more beneficial for me to amend my tax return to not include my husband at all (since no income was from him), or to file an "Injured Spouse Allocation"?