Can my spouses child support be taken from my tax return?

[ferrellfirefighter]

My wife has child support arrears but, she has no job or income. I am filing my taxes as married but filing seperately. Is there anything I can do to keep my return without it going towards her child support arrears?

[ferrellfirefighter]

Sorry. Forgot to mention I live in New Jersey.

[bwa]

No change in my answer - NJ is not a community property state.

[SweetieJean]

NJ does not have an Injured or Innocent Spouse provision.  Also, in general, you must use the same filing status in NJ as you do for Federal.

[bwa · Accepted solution]

If you are filing married filing separately they cannot take your refund.

But, why not file a joint return.  Injured spouse relief is when one spouse's refund allocable to her/his income is taken by the Government to satisfy child support, back taxes, an unpaid student loan, etc.

You need to insure that if you file a joint return, you include Form 8379 to claim injured spouse relief. This will prevent the "injured" spouse's share of the refund from being offset by the debt. Turbotax supports this form.   Injured spouse (Form 8379) is included under the Federal Taxes tab.  Look at under the federal review for other tax situations.

While an injured spouse return can be e-filed, including injured spouse on your return will delay your refund by about 14 weeks (11 weeks if it is e-filed.)

In Turbotax, type "injured spouse" in the find box at the top of the page to find the correct location to claim injured spouse.
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Future Years

For future years, there are several other solutions. These would include:

1. File separate returns. This is generally not a good solution because it will result in additional taxes.
2. Adjust your withholding so there is no refund. Without a refund, there is nothing to offset.
3. Pay the past due amounts.

See the IRS's Q & A on injured spouse here. http://www.irs.gov/Help-&-Resources/Tools-&-FAQs/FAQs-for-Individuals/Frequently-Asked-Tax-Questions....
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Community Property States

You don't mention where you live.  As an additional comment, the rules are sometimes different if you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.)  In those states, even with injured spouse relief, the relief may not be as complete as it would be in other states.  If you live in one of those states, see IRS Publication 555 for a more complete discussion of injured spouse in a community property state.  It can be found at http://www.irs.gov/publications/p555/ar02.html#d0e928

[BobB7]

Also, there is probably a separate state form to file.  In Connecticut, it's called "non-obligated spouse', which seems more descriptive than "injured spouse"

[BOOGIE8]

For the last six years the irs has taken my tax return for my husbands past due child support whether I file separate or injured spouse the IRS still takes my returns for his support. I want to know how this is legal. Even if I file injured spouse they still take it for his child support. My own children and I need this return at this time. So please explain to be how these mothers get away with taking my tax return from my own children and the United States Government Can Do This To A person let alone a mother that works 8-10 hours a day to take Care of her own children wants to take it away from those who don't owe support on children and actually take Care of their business. I can't understand if my return is only $1997.00 and I don't get any of it because my husbands money hungry baby mommas get all of what my own children deserve not to mention what they have gotten the last 6 years even though I file injured spouse and married filling separate. Please someone explain before I hire an attorney to fight this and have these mothers pay every penny they got from my children back with interest.

[KrisD15]

You can once again submit an "Injured Spouse" Form 8379 and ask to have your portion of the refund spared from garnishment. 

You have the right to try to sue the IRS, but you might be better off trying to work out a payment plan with the other mothers or the state child support division. 

[Critter]

Ok ... first if you have no income on the return then even if you file an injured spouse form none of the refund is due you since your income was zero.   Now ... the fix for this is to NOT have a refund ... if any of this refund is from taxes that was withheld from your wages then STOP that from happening then you don't lose that money. But if any of your refund is from refundable credits there is nothing you can do. 

[MrsCoats]

To: Critter

I’m a disabled stay at home mother, and my husband has child support to pay.

but how can they take our whole return even if I haven’t worked? 
we have two babies together and I have the right to get those tax credits for them, his other kids mothers should not be able to get my babies credits. 
I feel that should be against the law.

[DaveF1006]

The state agencies could put a lien against your tax return for unpaid child support.  You need to a file an injured spouse form 8379 to protect your portion of the tax return. to file this form:

1. log into your Turbo Tax Return>take me to my return.
2. At the bottom left of your screen, go to >tax tools>tools>
3. You will see a topic search >type in 8379 next to the magnifying glass
4. Answer the questions regarding your injured spouse form
5. NOTE: if you live in a community property state, you you will need to allocate, income, expenses and credits 50/50. Otherwise if you don't live in a community property state, you have more discretion in allocating items, especially credits.
6. Once you file this form with your tax return, the IRS will calculate what your portion of the refund is and will issue a separate check in your name. 

[Critter]

@MrsCoats 

Sorry ... but since you did not report taxable income on the return or have any withholding then NONE of the return belongs to you  so even if you file an injured spouse form ALL of the refund  will be taken.  That is just the facts per the IRS. 

[viareno10-]

I live in AZ Does this make a difference in refund if my husband owes child support arrears

[VictoriaD75]

Yes. His refund can possibly be garnished for past due child support. You may be able to file an Injured Spouse claim on Form 8379.

How to Add Form 8379

What is Form 8379

[Chelsea1208]

That's so mess up!