Hello,

I tried looking up this question before posting this so that it was not repeditive, however, I did not find one that applied. My question is that my husband owes the IRS money and I do not. Last year we filed married joint and of course did not receive any money back as it all went against his debt. This year i'd really like to get a return back. We have a small child as well. Is there a way that I can file and claim my daughter myself and be seperate from him entirely so that I may possibly receive a refund? Thanks for your help.

You have a choice:

First, you can file separately and YOU claim your child. This way, your tax situation is TOTALLY segregated from your husband and YOU will get your refund with no regard to what your husband owes.

Second, you can file jointly, but you also file Form 8857 and make a claim for relief from joint tax liability as an Innocent Spouse.

Which way is best cannot be determined based on the information you have provided.

If I prepared your tax return, I would do it BOTH ways, then compare the results and recommend the one that results in the lower tax bill.

If you want my professional help, contact me at dpmtax@<hidden>.

If you file Married Filing Separately, you won't get Earned Income Credit. Also there may be a problem as to who claims the child.
Yes, you should compare your tax return BOTH ways.

Agreed; however, if they BOTH qualify for the EIC, then one-half will be forfeited to his tax debt.