topic Spouse Owes Child Support in Get your taxes done using TurboTax

Spouse Owes Child Support

Marily17 — Mon, 23 Jan 2023 18:55:04 GMT

My husband owes child support and we don't have a child together. What is the best filing method for me? Can I file jointly? Will IRS take my return for his child support? I file separately before and it worked great but now I am not eligible for the Earned Income Credit and my tax return went down 2.5 thousand lower. What's the best thing to do? Thank you

Re: Spouse Owes Child Support

xmasbaby0 — Mon, 23 Jan 2023 18:59:28 GMT

You can file injured spouse to protect "your" part of the refund.

INJURED SPOUSE

https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation

Expect your refund to take a lot longer --- it takes the IRS longer to process returns with injured spouse.

Re: Spouse Owes Child Support

Marily17 — Mon, 23 Jan 2023 19:10:55 GMT

Thank you, and file jointly right?

Re: Spouse Owes Child Support

xmasbaby0 — Mon, 23 Jan 2023 19:19:08 GMT

@Marily17 Yes----with injured spouse you file a joint return.

Re: Spouse Owes Child Support

JohnB5677 — Mon, 23 Jan 2023 19:37:24 GMT

Yes, you will file jointly, but you will only get credit for your side of a refund, Your spouse's portion will probably be taken.

You’re an injured spouse if your share of the refund on your joint tax return was (or is expected to be) applied against a separate past-due debt that belongs just to your spouse, with whom you filed the joint return. This can be a federal debt, state income tax debt, state unemployment compensation debt, or child or spousal support payments.

Start at Federal

Select Other Tax Forms
Scroll to Report an injured or innocent spouse claim!
Click Start/Revisit
Follow the interview!

IRS Taxpayer Advocate flier Injured Spouse