They will take all of the refund for the back child support .
Your husband will receive the difference. They will not take more than what is owed.
I apologize, I just reread that he is getting less than what he owes. The entire refund will be taken in that case.
Thank you that's what I thought but seen somewhere they would only take a little bit bc we have kids that he claimed
I'm sorry but they take the amount of arrears. Since it's less than what is owed they will take all regardless of having dependents.
We filed joint, will his ex spouse receive all of the refund and stimulus check? If so, should I amend my taxes to married filing sep? Or should I fill out form 8379?
Thank you
If your husband’s child support is in arrears, then your joint-return tax refund and most likely the stimulus payment will be applied to the amount owed.
However, you might consider filing what's known as an Injured Spouse Allocation, as you suggest. You can file this form even after you've filed your return, and it can result in recouping the "Injured Spouse's" portion of the refund.
For more information, please see the TurboTax article "What is IRS Form 8379: Injured Spouse Allocation".
Then, see What if I've already filed my tax return? in the TurboTax Help article “How do I file Form 8379, Injured Spouse Allocation?” for guidance.