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My husband owes me back child support and we filed jointly. What happens to the refund?

 
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2 Replies
JeffreyR77
Expert Alumni

My husband owes me back child support and we filed jointly. What happens to the refund?

 

If  a spouse has an order for back child support and files their tax return with Married Filing Joint status, the entire refund on the return will be taken and applied to the back child support.

 

The spouse that doesn't owe the support can file Form 8379 Injured Spouse and the IRS will allocate the refund to each spouse based on their individual filing circumstances and only the refund allocable to the spouse owing the back child support will be taken.  The remainder will be sent to the other spouse.

 

How do I file Form 8379, Injured Spouse Allocation? - TurboTax

My husband owes me back child support and we filed jointly. What happens to the refund?

Your question doesn’t make sense. How can your husband owe you child support if you filed a joint tax return? Are you now divorced? If you are living separately but still married, and your husband has been ordered to pay support, why did you agree to file a joint tax return?

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