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Will the IRS take the whole tax refund for my husbands back child support?

Asked by: jbell 205 views YA Discussion

My husband owes child support for his 2 children from his previous marriage due to loss of employment. I am a stay at home mother of our 2 children we have together and a daughter from my previous relationship. My question is if we file married jointly and he claims the 2 children we have together and my daughter as his step child and also he should get the earned income tax credit, will they take all of the tax refund until the child support is paid in full or do I as a wife and mother taking care of my 3 children have a legal right to getting some of that money back to me? I understand that he has to pay his child support and he is currently paying his weekly amount plus an extra percent since hes behind but will they still take money away from myself and my children, or will they take a percentage of his part and give it for child support and a percentage for my part and my children’s?

2 Answers

  1. NA on Jan 23, 2014 Reply

    What state are you? If you do not live in a community property state and you did not work, 100% of the refund is his and all of it can be applied to his past debt. Yes, that includes any EIC based on your daughter. Once she’s on the tax return, it doesn’t matter how she got there.

    If you live in a community property state, file the injured spouse form. You will get $ 0 from EIC, but 1/2 of anything coming from withholding and the additional child tax credit.

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  2. MadMan on Jan 23, 2014 Reply

    They will take the whole refund. If you had worked, then you could have file the “injured spouse” form 8379 and the proportion of the refund that was due to your income would have been given to you. As you did not earn an income, this means that all the refund can be seized,

    And if you file separately, you lose several tax breaks and, as a family, will end up paying a lot more in taxes.

    So, file MFJ, and get the back debt paid off as quickly as possible.

    They will not care about his current obligations.

    A word of advice, he should be having less withheld from his pay at work.

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