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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