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January 25, 2020
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If I owe child support and my wife claims me as a dependent, will the state come after her return to pay off my child support arrears?

  • January 25, 2020
  • 1 reply
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Best answer by DoninGA

If you are legally married your wife CANNOT claim you as a dependent.  You only have the option to file as either Married Filing Jointly or Married Filing Separately.

If she files as MFS then her tax refund cannot be seized for your debts.  If she files as MFJ her tax refund can be seized for your debts unless she includes a Form 8379, Injured Spouse Allocation with the joint tax return so her refund is protected.

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/01/26228

1 reply

DoninGA
DoninGAAnswer
Employee
January 25, 2020

If you are legally married your wife CANNOT claim you as a dependent.  You only have the option to file as either Married Filing Jointly or Married Filing Separately.

If she files as MFS then her tax refund cannot be seized for your debts.  If she files as MFJ her tax refund can be seized for your debts unless she includes a Form 8379, Injured Spouse Allocation with the joint tax return so her refund is protected.

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/01/26228

wmelendezAuthor
January 28, 2020

Thank you very much. Exactly the answer I needed. 

April 18, 2020

I filled MFJ is it a for sure thing my refund will be garnished if he owes child support. 

 

He is currently disabled and did not work this past year and we got marred in December.