Married filing separately with kids?

So my wife works full time and im a stay at home father i havent worked or earned any income all year we have 2 kids that we wish to claim but my wifes school loans will take all of our tax return if we file jointly and we all live together no marital issues so i was wondering if we can file separately and if i can claim our children so we can recieve the child tax credit because we cant afford the basics for them anymore and we need the money in order to clothe and feed our children

11 Answers

  • Anonymous
    8 months ago
    Favourite answer

    Use a program like Turbo Tax.  You don't pay until you actually file.  Run the returns as joint and then as separate and see what the outcome will be.

    In almost all cases, on a federal tax return - if you have no income - you don't qualify for any of the credits.

    Certain states might have different rules for the state returns but I am not sure if that changes how you are allowed to claim on a FEDERAL return.  

  • 7 months ago

    As other have said, with no income would not get Child Tax Credit, also if you have received EITC, would no longer be eligible.  Better to file joint and then also file a Injured Spouse form so the IRS would only take wife's portion of refund toward student loan.

  • Eva
    Lv 7
    8 months ago

    You can't file an income tax return showing no income in order to get the tax credit(s). Your wife should adjust her W4 withholding so that there is little to no refund on your tax return and she receives the money in her paycheck instead. Use food pantries to supplement your groceries and shop at thrift stores for the children's clothes. If your children are in school, you should be looking at going back to work, at least part time.

  • Judy
    Lv 7
    8 months ago

    You could - but since you have no income you would get nothing for claiming them, would not get the child tax credit. Would be much better for you to file a joint return and at least any refund will help pay down her loans.

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  • 8 months ago

    The reason your refund would be offset to student loans is because they are delinquent.  What is your excuse for this?

  • 8 months ago

    You had no income, filing separately does nothing at all for you. You had no earned income, therefore none of the credits are refundable to you.

  • Scott
    Lv 7
    8 months ago

    Ever thought of getting a job?

  • 8 months ago

    What's the benefit of doing this?

    Just wait, not pay anything and wait for the DOE to implement a student loan levy?

    And it will be more money because of the additional interest and penalties... 

    How is that going to help beside digging the ditch bigger?  What's the plan when your wife starts to lose 33% of her income?

    If you can't afford the basics, why are you a stay at home father?

    in response to the comment:

    Your wife can change her W4 for 2020, so she does not get a refund (or the refund is very small).  I'm not supporting this, I just letting you know how to to play the game better. If you are really low income, aren't their social service (headstart/subsidized childcare) in your area?

    What about you just working when she is not (overnight shift or at lease some hours when she isn't)?  TBH, I don't get it.  My dad was an accountant (a professional job), but when he first opened his own office, he worked from 6-9am at a call center, worked his accounting job during the day, and then cleaned office buildings in the evening.  He had 3 kids- toddler, 6yo & 8yo.  I'm sure he was always exhausted - but he did what he needed to, to make it work.  I don't understand the concept of not paying your bills or complaining that your kids don't have necessities when you have $0 income. 

  • 8 months ago

    You can file separately, but because you have no income, I don't think you'll get anything from the child tax credit.

  • 8 months ago

    I don’t think I have any idea how to s

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