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jenick5350 · Dec 10, 2009, 07:57 PM

I am a full time student who stays at home while my husband is deployed. I was wondering since I am a student if I can file taxes separately? I am trying to see if I can file because if he files on them we will not see the money as it will go to his ex for child support. I do not think this is fair to me or my children because I have gotten money throughout the year to support them and I do not want 'her' to get what I earned so that I can have money in order to support my children when I need it. Thanks for any advice :)

JudyKayTee · Dec 10, 2009, 08:11 PM

Legally you would both file as married, filing separately. People file in this manner all the time for a variety of reasons. Your husband's tax refund will not be seized unless he is in arrears, of course. Your refund cannot be touched.

I understand you don't want "her" to get the money. It would appear that the money would go to "her" children (who are also his children) but that's another issue.

You are questioning why you are responsible for supporting your husband's first family; here is someone questioning why the second wife should not support the first family. https://www.askmehelpdesk.com/family...ml#post2124875

Can you file married but separate? Yes.

Fr_Chuck · Dec 10, 2009, 08:13 PM

Also your share of the refund can not go to her, you have to file what is referred to as a "injured spouse form" but then only his part of refund goes to the ex.

jenick5350 · Dec 10, 2009, 08:36 PM

Thank you all for the advice. And also, would I be able to file without him since he is deployed until march? Or would I have to wait for him to file too?

Fr_Chuck · Dec 10, 2009, 08:45 PM

You can file separate, when you do that, he is not needed at all, he just has to also file separate.

You may want to do taxes both ways and see which way the most is gotten in return

jenick5350 · Dec 10, 2009, 09:02 PM

My husband has been active duty and overseas with no taxes being taken out since march... would he still need to file if I file married but separate? I am new to all this. Hehe

JudyKayTee · Dec 11, 2009, 07:07 AM

Yes, if he received any income he has to file.

The Government doesn't take taxes out of the pay of servicemen?

AtlantaTaxExpert · Dec 11, 2009, 08:51 AM

If the soldier is scheduled to be deployed for the entire year, the soldier CAN opt to be exempt from income tax withholding.

Jenick:

Note that if your husband has no requirement to file, YOU can claim his personal exemption on your Married Filing Separately tax return.

You probably should file jointly with your husband and file Form 8379 for the Injured Spouse Allocation. If he has no taxable income, more than likely ALL of the refund will come to you.

JudyKayTee · Dec 11, 2009, 09:15 AM

Originally Posted by AtlantaTaxExpert

If the soldier is scheduled to be deployed for the entire year, the soldier CAN opt to be exempt from income tax withholding.

Jenick:

Note that if your husband has no requirement to file, YOU can claim his personal exemption on your Married Filing Separately tax return.

You probably should file jointly with your husband and file Form 8379 for the Injured Spouse Allocation. If he has no taxable income, more than likely ALL of the refund will come to you.

Does this mean that deployed soldiers NEVER have to file OR that deployed soldiers file upon their return (a late return but exempt from penalties/interest)?

I can't find it in the Code and I'm sure you know off the top of your head.

Thanks -

MLSNC · Dec 11, 2009, 07:40 PM

I would assume he is in a combat zone so his pay is not taxable, but that is just a guess.

AtlantaTaxExpert · Dec 15, 2009, 11:51 AM

If the soldier is sinlge and deployed for the entire calendar year, then his entire base pay is considered tax-exempt. Under those circumstances, there is NO REQUIREMENT for him to file at all.

Now, there are scenarios where he should file, such as the OP's original post, because he is allowed to count as much of his tax-exempt combat pay as is needed to qualify for the maximum amount of the Earned Income Credit. This is NOT a fluke or loophole in the tax code. Congress intentionally passed this law with this provision to allow servicemen deployed ina war zone to get the EIC.