How to file if married but separated and requesting child support

[parvitstax]

Client (Wife) is married but separated (not living together last 8 months of the year)

She has filed for and requested Child Support payments from her current husband

Can they still file jointly? I am unsure if Child Support payments have any rules against filing jointly or separately with the Spouse who is required to pay.

[IRonMaN · Accepted solution]

As long as they were married on December 31st, a joint return is always available.  Requesting child support really has nothing to do with filing status.

[BobKamman]

Why would she want to file a joint return?  She should be trying to disengage from the guy and it sounds like she qualifies for head of household.  MFJ is too often a knee-jerk reaction that creates conflict and costs.  

[Skylane]

Check the rules for 'considered unmarried' to see if she eligible for HOH filing status. 

Depending on income level, credits available, etc.  filing status MFJ or MFS can make a large difference in tax and credits.  

Even with hostile separations (see movie 'War of the Roses').. the  one thing the warring parties will often agree on is that the IRS should get the least amount of tax money (legally)....   If there's a refund involved, you can always direct it sent to multiple accounts (his, hers or its)  

[parvitstax]

The wife has no income so HOH would yield no benefit. I suggested filing jointly and if a refund is due I can setup a direct deposit to 2 accounts (1 joint/husband and 1 for her). 

[BobKamman]

Why do I get the feeling that the child support she deserves will be reduced by the share of the refund that she deserves?  This is probably a return to file around October 15, after the other divorce issues are settled.  

[qbteachmt]

The IRS has guidance:

https://www.irs.gov/individuals/filing-taxes-after-divorce-or-separation

[parvitstax]

No alimony in this case. No legal proceedings related to divorce/separation. Just mutual agreement to separate living for last 8 months of 2023. I just was not sure how a child support filing would affect tax filing status.