If I have a child from a previous marriage will IRS take that portion too for back child support

[ssceili]

I have a child from a previous marriage.  My husband owes back child support. I know the IRS will take the money from his kids and our kids credit but will they take my son's as well or will that be given back if I file injured spouse

[Phillip1 · Accepted solution]

If you file an injured spouse claim, you will allocate the tax benefits for your child to you. Therefore if you meet the other requirements to get a refund (earned income for refundable credits, or refundable tax payments) the tax benefits associated with your child through another marriage will be credited to you.