If my husband owes back child support and we file jointly, will all of our refund go to any or all back child support owed?

[lynler]

We are newly married but he owes back child support. If we file married/jointly does any of our joint refund go to his back child support or will I/we get any of the refund?

[WillK · Accepted solution]

The IRS can take the refund to off-set the past due child support that he owes. They will apply the refund to the balance owed, if the refund is more than the balance owed then any remaining would be sent to you. If the refund amount is less than the balance owed, the refund would be applied to it, and he would be responsible for the remaining balance. 

You can file an injured spouse form 8379 which can help you get back your portion of the refund. 

[hthurman208]

My husband and I have agreed that the entire refund will go to his ex for back child support. She said I have to sign a form so the IRS doesn't hold the refund for 6 months? What form is she talking about? I just want the entire refund to be released to her as quickly as possible....

[BobB7]

If you file an injured spouse return, your part of the refund will be protected from his debt (of course at his children's expense)

[justnsan8e]

How is it at his childrens expense!? If he had never married there would be no other persons returns comming to them! Its his responsibilty not a new spouses. Im sure the spouse feels for the kids and wants them to be taken care of and probably supports them in other ways throughout the years so why the attitude towards the question/answer!? Thats like saying the next door neighbor is getting thier refund at the expense of the kids! Maybe the blood relatives of the kids should have thier returns seized as well,is that fair!? Wow!

[sarahmarti12]

It's not her responsibility, it's not at the childrens expense

[donnal311]

Amen!

[eugene1956]

hi my names is Eugene Jenkins. my wife has owes back child support. we received a letter  from Albany new York. be that the I.R.S is closed. does turbo tax have the form. injured  spouse forms

[xmasbaby0]

The IRS is not closed.  Who told you that?

If you need to file injured spouse for your federal return:

INJURED SPOUSE

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

[Bjeia]

Some guys owe back child support for reasons beyond being a dead beat, FOR EXAMPLE, serious injuries that put you out of work. Or some are simply taken advantage of by women smarter than them. Women who accept money order for years and file with the state claiming they never received a dime. Even when money order receipts are brought to the court they ruled as gifts..I’ve seen it. This guy up here clearly has daddy issues. Make sure your spouse is making payments on his arrears when you are capable of doing so, that might help keep your refund from being intercepted