I owe a student loan and I have 3 kids, I am also married should I fille MFJ or MFS?

I receved a letter saying my tax can get revoked b/c i havent paid b/c I stoped working.I owe a student loan and I have 3 kids, I am also married should I fille MFJ or MFS?
you lose out on getting the EIC and additional child tax credit if you qualify by filing separately. My opinion is file jointly and have your spouse file an injured spouse claim(form 8379) you can do it electronically as well. That's what my husband and I do because he has a debt as well





Edit: I live in Tx as well and they may take half but they very rarely take it all.....It can take up to 11 weeks with an injured spouse claim but it is better to file jointly and file it than not trust meI owe a student loan and I have 3 kids, I am also married should I fille MFJ or MFS?
if your spouse had income also,then you can file married/joint and attach a injured spouse claim form to the refund to protect your spouse's half of the refund.that way only your half will be offset.don't file married/seperate or you will have a higher tax liability and lose all credits you may qualify for,like earned income credit and additional child tax credit.





married/seperate is most times the worst way to file.





texas is a community property state so even if your spouse had no income he will still get half the refund by filing the injured spouse claim form(minus the EIC)that only goes to the spouse that earned income.





it takes 11-14 weeks for the refund to be processed if the form is filed with the return,if filed after the return has been processed it only takes 8 weeks to get the refund then.
The Internal Revenue Service can seize it all, but there is something you can do to prevent that. Just don't file Married Filing Separately!





Normally using the filing status of married filing separately is the worst way to go, because your tax liability is higher. Plus it renders you ineligible for the earned income credit and the additional child tax credit.





Since you will be filing Married Filing Jointly, it's really not fair that your spouse should suffer if you guys are due a refund.





To protect your spouse you should make sure you file an injured spouse claim form along with your return. That way if there is a refund, the IRS won't seize it all.





So go ahead and file jointly, but make sure you file the injured spouse claim form (Form 8379) and attach it to your Form 1040.





Hope this helps.
You can file MFJ to get the most out of your tax refund. You should qualify for Earned Income Credit and Additional Child Tax Credit. Your wife can file an Injured Spouse form so that not all of the refund is taken to pay for your student loan.





Here is a IRS link to that form: http://www.irs.gov/pub/irs-pdf/f8379.pdf
You should probably file a joint return. Your spouse can file an injured spouse form.
file mfs, i filed mfj and they took my spouses taxes too
You have a couple of options but probably the best bet is to file


Married Filing Jointly but to have your spouse file Injured


Spouse.


To be able to do this, the student loans must have been incurred


prior to your marriage. The big problem with MFS is that your


tax rates are generally higher and you end up losing most


credits and deductions (though you would still get the child tax


credit). The IRS does have the right to hold back all or part of


your tax refund to satisfy a delinquent federal debt obligation


(like a student loan) and it sounds like that's what's going to


happen. If you file MFJ and do not include the Injured Spouse


form for your spouse, the IRS will take the entire refund, even


the part that relates to the spouse's withholding.


The form is an 8379 and it can be filed to allocate your joint


refund between the part that relates to you and the part that


relates to your husband. But it is only going to work if he is


not required to pay the outstanding student loan and if he has


federal tax withholdings in his own name.


If you can't qualify for Injured Spouse for him, then you may


have to fall back to filing MFS and just settle for the higher


taxes-at least he'd get some part of his own refund that way.