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

[Emcclorin]

You should look into filling the innocent spouse form with it in addition. That should allow you to recover the prior returns that was taken as well.  I hope this helps. 

[SweetieJean]

Innocent Spouse and Injured Spouse are different.  Each takes a long time to be processed by the IRS.

What is an innocent spouse and how does it differ from an injured spouse? (intuit.com)

[markie1234]

I live in New york and my husband and I have only been married for about 4 months, he has back support on children he had long before me...he was paying it for a while and lost his job so he hasn't been able to pay right this moment..how do I keep my taxes from getting taken? I have taxes to pay on my house if they get taken I will lose my home

[xmasbaby0]

@markie1234 You can file as an injured spouse to protect the part of the refund that is coming from the amount you earned.  It will take extra time for the IRS to process your tax return, so understand that.  Filing as injured spouse adds about a couple of months to the time it takes for the IRS to process your tax return.

INJURED SPOUSE

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

[xmasbaby0]

@markie1234 Another possibility----you could file married filing separately.  But that is usually the worst way to file, especially if you have children of your own or if you have education credits etc. that you want to use.   If you file separate returns you cannot get earned income credit or education credits.   However, if you file separately, the IRS cannot take your refund to pay your spouse's delinquent child support.  They can only take his refund.

If you file jointly with your new spouse, use the injured spouse form.

Here is some information----you can decide what might be better for your situation:  

If you were legally married at the end of 2022 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $25,900 (+$1400 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

[Rmtavarez1]

I filed injured spouse last year and still have not received my tax money. There is no one to call to inquire about it. you are basically screwed. When you do try to call you end up in an endless circle of automated lines and then you either get an auto hang-up or a person who says they can help you. Then back one the merri-go-round of automated lines until the system just hangs up on you. Utterly, ridiculous. 

[xmasbaby0]

@Rmtavarez1

First, check your e-file status to see if your return was accepted: 

https://turbotax.intuit.com/tax-tools/efile-status-lookup/

Once your federal return has been accepted by the IRS, only the IRS has any control.  TurboTax does not receive any updates from the IRS. Your ONLY source of information about your refund now is the IRS.

You need your filing status, your Social Security number and the exact amount  (line 35a of your 2021 Form 1040) of your federal refund to track your Federal refund:   

https://www.irs.gov/refunds

To track your state refund:    

https://ttlc.intuit.com/questions/1899433-how-do-i-track-my-state-refund

https://ttlc.intuit.com/questions/1901548-why-do-some-refunds-take-longer-than-others

If you chose to have your TurboTax fees deducted from your federal refund, that will take some extra time, while the third party bank handles the refund processing.

https://www.irs.gov/refunds/tax-season-refund-frequently-asked-questions

https://ttlc.intuit.com/questions/2840013-does-accepted-mean-my-refund-is-approved

https://ttlc.intuit.com/questions/2724106-my-return-is-accepted-but-still-not-approved-is-there-a-pr...

OR——if you filed by mail, expect a long wait.   It is taking the very backlogged IRS six to nine months to process mailed returns.   Until a human opens your envelope and enters the data into the system, nothing will even show up on the refund site, so you will have to be very patient.

To call the IRS:IRS:  800-829-1040  hours 7 AM - 7 PM local time Mon-Fri

Listen to each menu before making the selection.

First choose your language. Press 1 for English.

Then do NOT choose the first choice re: "Refund", or it will send you to an automated phone line.

Instead, press 2 for "personal income tax".

Then press 1 for "form, tax history, or payment".  

Then press 3 "for all other questions."

Then press 2 "for all other questions."  It should then transfer you to an agent.

TAX ADVOCATE

At the following IRS website, find the USA map and click on your state, and it will give you the number of your area's IRS Taxpayer Advocate.

http://www.irs.gov/uac/Contact-a-Local-Taxpayer-Advocate

Also see this article for more info on how the Taxpayer Advocate Service works::
http://www.irs.gov/taxtopics/tc104.html

https://www.taxpayeradvocate.irs.gov/wp-content/uploads/2020/08/TAS_CaseCriteria_061120.pdf 

https://www.taxpayeradvocate.irs.gov/can-tas-help-me-with-my-tax-issue/

[Chrisrudy]

The State of Tennessee Took my tax return and I Filed separate from my wife...

 How can I fix this?

[DoninGA]

---

@Chrisrudy  wrote:

The State of Tennessee Took my tax return and I Filed separate from my wife...

 How can I fix this?

---

The state of Tennessee does not have a personal income tax so there is not a Tennessee state income tax refund to be seized.

What tax refund and what tax year are you referring to?