If a husband does not work the whole year and is claimed by the wife can the return go to his back child support?

[jwheelis85]

Wondering if a husband is claimed as a dependent since he was supported the entire year by the wife and did not work all, (even his current Childsupport payments this year were made by the wife) can the tax return be taken for back/owed Childsupport of the wife claims him as a dependant?

[Critter]

Spouses are never claimed as  dependents ... you may claim their exemption on a Married Filed Separate return and if you do the debt of the spouse will not be taken but you will lose out on the benefits of filing jointly.

[Critter]

Or you file a joint tax return and add an Injured Spouse form so that the IRS will allocate the refund accordingly.

[bwa · Accepted solution]

If you file a joint return just be sure that it includes an injured spouse form.  If husband has no income and you don't live in a community property state you should receive all your refund, but processing of the refund will be delayed.

[jerry2000]

A spouse can not ever be claimed as a dependent - that is illegal.