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June 3, 2019
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If I have a child from a previous marriage will IRS take that portion too for back child support

  • June 3, 2019
  • 1 reply
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I have a child from a previous marriage.  My husband owes back child support. I know the IRS will take the money from his kids and our kids credit but will they take my son's as well or will that be given back if I file injured spouse

    Best answer by Phillip1

    If you file an injured spouse claim, you will allocate the tax benefits for your child to you. Therefore if you meet the other requirements to get a refund (earned income for refundable credits, or refundable tax payments) the tax benefits associated with your child through another marriage will be credited to you.

    1 reply

    Phillip1Answer
    Employee
    June 3, 2019

    If you file an injured spouse claim, you will allocate the tax benefits for your child to you. Therefore if you meet the other requirements to get a refund (earned income for refundable credits, or refundable tax payments) the tax benefits associated with your child through another marriage will be credited to you.