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Level 2
June 4, 2019
Solved

I filed head of household but my husband owes back child support and didn't work at all this tax year. Will they take my refund for what he owes?

  • June 4, 2019
  • 5 replies
  • 35 views
Is there a phone number I can call to talk with someone about my tax issue?
Best answer by bluedeb

You can file as Head of Household when you are married if all 5 of the following conditions apply: If you file as Head of Household your refund cannot be taken for his back child support.

Can a married person claim Head of Household filing status?

5 replies

DoninGA
Level 15
Level 15
June 4, 2019
How did you file as Head of Household if you were married and were living with your spouse?  In the My Info section of the program where you enter your personal information did you select Single instead of Married?  If you selected Married then you could only have file your tax return as either Married Filing Jointly or Married Filing Separately.
If you incorrectly selected Single and based on your answers in the My Info section the program selected Head of Household for you, then you have to amend your tax return since you have incorrectly filed your tax return.

You should have filed your tax return as Married Filing Jointly even when one spouse has little or no income.  You will also need to file a Form 8379 Injures Spouse Allocation to prevent the IRS from seizing your portion of the tax refund for your spouse's tax debt.
jesimay1Author
Level 2
June 4, 2019
He did not  live with us.  Moved out at the begging of April of 2017.  We are still legally married though and that's why I asked this question.  I did not select single on any of the tax info.
DoninGA
Level 15
Level 15
June 4, 2019
Then your tax refund will not be seized for his debts since you filed as Head of Household.
jesimay1Author
Level 2
June 4, 2019
Thank you for the information.  I was worried after talking to my mom about it and just wanted to make sure.  Thank you for taking the time to get all the info and give me the best answers.  I very much appreciate it.
bluedeb
Alumni - Champ
bluedebAlumni - ChampAnswer
Alumni - Champ
June 4, 2019

You can file as Head of Household when you are married if all 5 of the following conditions apply: If you file as Head of Household your refund cannot be taken for his back child support.

Can a married person claim Head of Household filing status?