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Can my spouses child support be taken from my tax return?

Forum|Forum|6 years ago
May 31, 2019
11 replies
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My wife has child support arrears but, she has no job or income. I am filing my taxes as married but filing seperately. Is there anything I can do to keep my return without it going towards her child support arrears?

TurboTax PLUS Online

Best answer by bwa

If you are filing married filing separately they cannot take your refund.

But, why not file a joint return. Injured spouse relief is when one spouse's refund allocable to her/his income is taken by the Government to satisfy child support, back taxes, an unpaid student loan, etc.

You need to insure that if you file a joint return, you include Form 8379 to claim injured spouse relief. This will prevent the "injured" spouse's share of the refund from being offset by the debt. Turbotax supports this form. Injured spouse (Form 8379) is included under the Federal Taxes tab. Look at under the federal review for other tax situations.

While an injured spouse return can be e-filed, including injured spouse on your return will delay your refund by about 14 weeks (11 weeks if it is e-filed.)

In Turbotax, type "injured spouse" in the find box at the top of the page to find the correct location to claim injured spouse.
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Future Years

For future years, there are several other solutions. These would include:

1. File separate returns. This is generally not a good solution because it will result in additional taxes.
2. Adjust your withholding so there is no refund. Without a refund, there is nothing to offset.
3. Pay the past due amounts.

See the IRS's Q & A on injured spouse here. http://www.irs.gov/Help-&-Resources/Tools-&-FAQs/FAQs-for-Individuals/Frequently-Asked-Tax-Questions....
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Community Property States

You don't mention where you live. As an additional comment, the rules are sometimes different if you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.) In those states, even with injured spouse relief, the relief may not be as complete as it would be in other states. If you live in one of those states, see IRS Publication 555 for a more complete discussion of injured spouse in a community property state. It can be found at http://www.irs.gov/publications/p555/ar02.html#d0e928

F

ferrellfirefighterAuthor

Employee

Sorry. Forgot to mention I live in New Jersey.

B

bwa

Employee

No change in my answer - NJ is not a community property state.

S

SweetieJean

Employee

NJ does not have an Injured or Innocent Spouse provision. Also, in general, you must use the same filing status in NJ as you do for Federal.

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bwaAnswer

Employee

If you are filing married filing separately they cannot take your refund.

But, why not file a joint return. Injured spouse relief is when one spouse's refund allocable to her/his income is taken by the Government to satisfy child support, back taxes, an unpaid student loan, etc.

You need to insure that if you file a joint return, you include Form 8379 to claim injured spouse relief. This will prevent the "injured" spouse's share of the refund from being offset by the debt. Turbotax supports this form. Injured spouse (Form 8379) is included under the Federal Taxes tab. Look at under the federal review for other tax situations.

While an injured spouse return can be e-filed, including injured spouse on your return will delay your refund by about 14 weeks (11 weeks if it is e-filed.)

In Turbotax, type "injured spouse" in the find box at the top of the page to find the correct location to claim injured spouse.
__________
Future Years

For future years, there are several other solutions. These would include:

1. File separate returns. This is generally not a good solution because it will result in additional taxes.
2. Adjust your withholding so there is no refund. Without a refund, there is nothing to offset.
3. Pay the past due amounts.

See the IRS's Q & A on injured spouse here. http://www.irs.gov/Help-&-Resources/Tools-&-FAQs/FAQs-for-Individuals/Frequently-Asked-Tax-Questions....
_______________________
Community Property States

You don't mention where you live. As an additional comment, the rules are sometimes different if you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.) In those states, even with injured spouse relief, the relief may not be as complete as it would be in other states. If you live in one of those states, see IRS Publication 555 for a more complete discussion of injured spouse in a community property state. It can be found at http://www.irs.gov/publications/p555/ar02.html#d0e928

B

BobinCT

Employee

Also, there is probably a separate state form to file. In Connecticut, it's called "non-obligated spouse', which seems more descriptive than "injured spouse"

B

BOOGIE8

For the last six years the irs has taken my tax return for my husbands past due child support whether I file separate or injured spouse the IRS still takes my returns for his support. I want to know how this is legal. Even if I file injured spouse they still take it for his child support. My own children and I need this return at this time. So please explain to be how these mothers get away with taking my tax return from my own children and the United States Government Can Do This To A person let alone a mother that works 8-10 hours a day to take Care of her own children wants to take it away from those who don't owe support on children and actually take Care of their business. I can't understand if my return is only $1997.00 and I don't get any of it because my husbands money hungry baby mommas get all of what my own children deserve not to mention what they have gotten the last 6 years even though I file injured spouse and married filling separate. Please someone explain before I hire an attorney to fight this and have these mothers pay every penny they got from my children back with interest.

KrisD15

You can once again submit an "Injured Spouse" Form 8379 and ask to have your portion of the refund spared from garnishment.

You have the right to try to sue the IRS, but you might be better off trying to work out a payment plan with the other mothers or the state child support division.

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Critter

Employee

Ok ... first if you have no income on the return then even if you file an injured spouse form none of the refund is due you since your income was zero. Now ... the fix for this is to NOT have a refund ... if any of this refund is from taxes that was withheld from your wages then STOP that from happening then you don't lose that money. But if any of your refund is from refundable credits there is nothing you can do.

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viareno10-

I live in AZ Does this make a difference in refund if my husband owes child support arrears

VictoriaD75

Yes. His refund can possibly be garnished for past due child support. You may be able to file an Injured Spouse claim on Form 8379.

How to Add Form 8379

What is Form 8379

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C

CCurrie

Did you ever find this out? I'm newly married and my husbands baby mom makes her presence know and before I file I want to know which option helps me and my family not hers when she's already getting 500 a month lol

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Irene2805

You have two options to protect your portion of the refund:

You can file separately from your husband (married filing separately); or
You could apply for injured spouse protection. If granted, "injured spouse" prevents a spouse's tax refund from being attached for the debt of the other spouse (for example unpaid taxes, child support, or student loans). The IRS doesn't automatically approve injured spouse applications, but you might want to consider it if 1/2 of your joint refund is more than your refund if you file separately.

Please see the following TurboTax Help article for additional information: How do I file Form 8379, Injured Spouse Allocation?

@CCurrie

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Tk82206

Does the injured spouse form help me if I live in Texas (community property state) my husband has no income. We have 3 children together. @Irene2805

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Tk82206

Hello I live in Texas. My husband owes child support but doesn't have income. We have 3 children together. If we file jointly could they still take the return if he technically don't have a refund?

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hWKatekingery

So , injured spouse seems more appropriate for whoever's left rasing the kids, deadbeat is the word to describe people who find sneaky ways around not paying their obligations to their families. So... how about don't go round making multiple families, with people who already have obligations in this world and it won't be an issue. It's far too prevalent.

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Emcclorin

You should look into filling the innocent spouse form with it in addition. That should allow you to recover the prior returns that was taken as well. I hope this helps.