DanielV01
Expert Alumni

Get your taxes done using TurboTax

It depends.  The point behind the Injured Spouse form is that the IRS will make a determination on how much of the refund is due to your income and credits and how much is due to your spouse's income and credits.  The portion that they (and only they) determine to be your spouse's amount of refund is subject to being offset, or garnished, to cover his back child support.  For most states, your income is divided between what you made vs. what your spouse made.

However, for a community property state the rules are a bit different.  The community property states are:  Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.  The IRS' determination of each spouse's refund varies according to each state's rules.  Here is an IRS webpage with more information:  Form 8379 Community Property State   (Click on link, find your state, and click on that link for your state's specific rules).

However, as mentioned, it is the IRS and only the IRS that determines how much of the refund is "yours" and "your spouse's".  Because this is the case, the most refund you can receive can be achieved by filing the 8379 completely and correctly.  This FAQ explains more:  https://ttlc.intuit.com/replies/3326788

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