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Will filing injured spouse protect my portion of a refund? - Sherri - 11-09-2012 05:37 PM
I just got married a year ago, and found out my husband owes back child support from before I knew him.And I am expecting a refund for me and my 8 year old so I can buy a new car since I don't make a lot of money nor child support I am expecting to get it all back.Has any one ever been through this experience?
I live in a state that is not a community tax state
- Wayne Z - 11-09-2012 05:45 PM
It can vary depending upon what state you live in.
Generally, if you file a Form 8379, the IRS will allocate your joint return between the both of you, seize his portion and send you your portion in 8-12 weeks.
- Respectedflesh697 - 11-09-2012 05:45 PM
Form 8379 will protect your share of any refund. If you're not in a community property state and don't have any income yourself, it won't help you though. If you do, the refund will be proportional based upon how much income you each contributed to the total household income and the amount of tax you paid in. It will never be less than you would have received had you filed separate returns.
- Judy - 11-09-2012 05:45 PM
Yes, but when you're married "your portion" might not be as much as you think it will be. And pretty unlikely you'd get everything back unless you and your spouse together are pretty low income.
- George McCasland - 11-09-2012 05:45 PM
Yes
http://divpat.org/ChildSupportNTaxes
However, why is he in arrears? If there is a legitimate reason, such as unemployment, he could still file for a reduction. At the minimum, he needs to file to have the interest penalties set aside.
http://DivPat.org/Child-Support-What-U-Need-2-Know
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Federal Child Support Enforcement Handbook for Non-Custodial Parents
http://ChildSupportRights.org
http://divpat.org/ChildSupportNTaxes
http://divpat.org/ChildSupportQuiz
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- tro - 11-09-2012 05:45 PM
it should