Asked in Tax Law for Idaho

Q: Husband is in prison for 4 years how do I file taxes?

My husband has a child with his ex. We filed together this past tax year he recently got sentenced to 4 years. We have 3 kids of our own and obvisouly I'm the only one providing how would I go about filing with out having my money going to child support. Also child support has stopped but he also is behind do to being in there for almost 5 months.

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2 Lawyer Answers
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: If I understand your question, you and your husband have three (3) children of your own and your husband is the father of another child. Do you have custody of that child as well? And I am also understanding that your husband is not paying CS because he is in prison. Am I correct? If you don't have any income yourself then you don't make enough to have to file an income tax return. You have to make over $18,000 a year as a married person filing taxes before you'll have to file an income tax return.

A: File married seperate. If you file a joint return the state will intercept any refund and apply it to child support and it'll be a headache to get back.

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