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My husband owes back child support, will IRS take my return to pay my husbands back child support
Will it's take my tax return if my husband owes back child support
It is possible that they could take your refund for his back child support.
If you are trying to avoid having your portion of the refund garnished, you have 2 options:
- You may file an Injured spouse form which will allow you to request your portion of the refund back; or
- You can file as Married Filing Separately.
There are pros and cons to both.
When filing the Injured Spouse Form with your return, it can take 11-14 weeks for your return to be processed. However, you will still be able to claim all the tax credits and deductions that you would claim normally with a Married Filing Jointly Status.
When filing Married Filing Separately, you may lose some tax benefits such as Student Loan Interest Deduction Education Credits and Child & Dependent Care Credit. Married Filing Separate vs Jointly
To determine if Married Filing Separately would be beneficial to you, you can also use Taxcaster or create a dummy TurboTax account and create 2 separate returns.
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