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My husband owed back child support, so they took the majority of our income tax, when I amend my return will I receive the child tax credit for our child

My husband had back child support. We filed joint so they took the majority of our return, I also filed with child tax credit will I receive the child tax credit when I amend the return or will it go to his back child support also. Will I only receive my federal tax return.
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DDollar
Expert Alumni

My husband owed back child support, so they took the majority of our income tax, when I amend my return will I receive the child tax credit for our child

Instead of amending your return, you can file Form 8857, Request for Innocent Spouse Relief.  You do not need to file an amended return to do so.  If your request is accepted, you will receive the portion of the return that you are entitled to based upon your income.  The amounts and the credit will depend upon how you complete Form 8857.

For information on Form 8857 see: https://www.irs.gov/uac/about-form-8857


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