ck3588
New Member

If I file jointly with my husband, will they take all of our refund to pay his back child support?

 
ThomasM125
Expert Alumni

After you file

If you file a joint tax return and are due a refund, it may be garnished by the government to pay back child support. You can file as an Injured Spouse and that will allow the spouse of a tax filer to not have their portion of your refund garnished, however.

 

You will find that option by using the following menu tabs in TurboTax:

  1. Federal Taxes
  2. Other Tax Situations
  3. Other Tax Forms
  4. Miscellaneous Tax Forms
  5. Report an innocent spouse claim

If you have already filed your tax return, you can amend the return to report the injured spouse claim. You will see an option to prepare an amended return on your home page in TurboTax, but you have to wait until you receive your refund first.

 

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After you file

Just be aware that this may differ in a Community Property State.