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Should he and my daughter file as married filing separately, so what money she paid in doesn't end up going to his ex? Or should they file a joint return with her filing an injured spouse claim form?

What makes you think that filing a joint return will mean that any of "her" money will go to the delinquent child support? Preventing that is the whole point of injured spouse.

As is always the case with MFJ vs MFS, you have to run the numbers both ways, including the injured spouse calculations for the joint return, to see what's best. To save time, if they're eligible for the Earned Income Credit (not available to the MFS filing status), joint is probably the winner.

Rule Your Retirement Home Fool
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