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January 25, 2022
Question

If my new spouse and I file jointly, will my refund also go towards his back child support from his previous relationships? (The IRS sends his refund to them every year)

  • January 25, 2022
  • 1 reply
  • 0 views
The child support division takes his refund from the IRS every year so he does not even receive his refund. I'm worried if we file jointly, then my refund will also be gone

1 reply

DoninGA
Employee
January 25, 2022

You can file a Form 8379 Injured Spouse Allocation with the 2021 tax return when filing as Married Filing Jointly so your portion of any tax refund will not be seized to pay back child support.

 

See this TurboTax support FAQ for a Form 8379 - https://ttlc.intuit.com/community/accessing/help/how-do-i-file-form-8379-injured-spouse-allocation/00/26228