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

[xmasbaby0]

@Chelsea1208 

https://www.irs.gov/uac/tax-refund-offsets-pay-unpaid-debts

https://ttlc.intuit.com/community/refunds/help/what-is-a-refund-offset/00/26301

Reduced Refund     https://www.irs.gov/taxtopics/tc203

 NOTE: You can contact the IRS Treasury Offset Program Call Center at 1-800-304-3107 to ask if they have an offset for you on file. TurboTax would not have that information.

https://turbotax.intuit.com/tax-tips/tax-payments/who-can-garnish-an-income-tax-refund/L7cPPzDyc

[CCurrie]

Did you ever find this out? I'm newly married and my husbands baby mom makes her presence know and before I file I want to know which option helps me and my family not hers when she's already getting 500 a month lol

[Irene2805]

You have two options to protect your portion of the refund:

1. You can file separately from your husband (married filing separately); or 

2. You could apply for injured spouse protection.  If granted, "injured spouse" prevents a spouse's tax refund from being attached for the debt of the other spouse (for example unpaid taxes, child support, or student loans). The IRS  doesn't automatically approve injured spouse applications, but you might want to consider it if 1/2 of your joint refund is more than your refund if you file separately.

Please see the following TurboTax Help article for additional information:  How do I file Form 8379, Injured Spouse Allocation?

@CCurrie

[Tk82206]

Hello I live in Texas. My husband owes child support but doesn't have income. We have 3 children together. If we file jointly could they still take the return if he technically don't have a refund?

[Tk82206]

Does the injured spouse form help me if I live in Texas (community property state) my husband has no income. We have 3 children together. @Irene2805 

[JohnW152]

Yes, Form 8379 will still help you if you live in Texas.

When you live in a community property state such as Texas that recognizes the marriage, special rules apply to the calculation of an injured spouse refund.

Please see Line 5a in the Instructions for Form 8379 for the best available guidance.

You'll notice that in the chart within the Line 5a text, there's guidance regarding the amount of an overpayment from a joint tax return that the IRS may offset against a spouse's separate tax liability specific to Texas.  See Revenue Ruling 2004-74.

For additional information, also see the TurboTax Help article Married filing separately in community property states and IRS Publication 555, Community Property.

[MrsChris]

I am trying to claim my spouse on my return and he owes back child support. We live in KY so it is not a community property state. He has not worked and does not have any reported income. Everything on the return including income and student expense credits are mine. We do have 4 children that I always claim and get credits for. I don't have federal taxes withheld as I used the child tax credit to offset my tax liability. Can I assume that the entire refund will be protected from being taken since he did not have any income? Please advise.

[Irene2805]

You cannot claim your spouse as a dependent on your tax return.  If you are still married, you choices are:

• married filing jointly; or
• married filling separately.

If you were still legally married as of December 31, 2020 and a child lives with you, you can qualify for Head of Household under a slightly different set of rules. Please this article:  Can a married person claim Head of Household filing status?

Does your spouse owe child support to someone else?  If so, you can protect your refund by either filing separately or, if you're filing jointly, filing a request for Injured Spouse status.  Please see this TurboTax Help article for more information:  How do I file Form 8379, Injured Spouse Allocation...

@MrsChris

[MrsChris]

@Irene2805,

I am trying to file married filing jointly along with the injured spouse form. If he hasn't worked, can they take any part of the refund for his back child support? He owes child support to someone else. Obviously, the added benefit of filing MFJ instead of HOH is the standard deduction is a bit more. I'm just wondering if it is worth the hassle. Also because my AGI is a little higher this year because I withdrew funds from my retirement accounts while I was laid off for a while last year, my tax liability is lower filing MFJ.

[CatinaT1]

If all the income is attributed to you, most if not all of the credits will be allocated to you as well.  The IRS determines if any of the refund should be allocated to him and the amount.  If any is allocated, this is the only amount that can be used to pay past due debt.

I would definitely file MFJ with the injured spouse form.

[MrsChris]

Thanks @CatinaT1! My refund using MFJ doubled compared to the HOH so I guess even if they split it, it helps pay down his child support and I still get back what I would have if I hadn't added him. It's also nice to know that if I decide to go back to using HOH filing status I can.

Another thing @CatinaT1 @, do you think they will take the child tax credit checks they'll be issuing in July will be affected?

[hWKatekingery]

So , injured spouse seems more appropriate for whoever's left rasing the kids, deadbeat is the word to describe people who find sneaky ways around not paying their obligations to their families. So... how about don't go round making multiple families, with people who already have obligations in this world and it won't be an issue. It's far too prevalent.

[hWKatekingery]

I cannot believe how supportive the courts are of parents who don't want to support their children. It seems like it's always the parent owed who has to go through the courts to get them to just do their job but the other parent just gets away with not paying

[JayeMitch23]

Obviously you're not understanding. It's not to get the NON CUSTODIAL parent to NOT pay.  The form is to protect the SPOUSE of the NC parent. The spouse should not be responsible for arrears due to the child's mother.  

[Shine30]

Than before U get married find out ya man’s debts .