Paying child support for child not in home.

[kannescott]

I pay child support for my son who lives in another state.Last year his father got my entire tax return due to back child support. However I have my daughter with me, from another father, who I support 100% and claim. Someone told me there is from I can fill out so he doesn't get all of my tax return. Is this true? I should get the tax credit for my daughter not my son's father. Is this correct?

[Hal_Al · Accepted solution]

No, there is no such form. The person who told you that is confusing it with the "Injured spouse form", which is not applicable to your situation. 

The "Injured spouse form" is used by a married couple, on a joint return, to keep the IRS from taking spouse #1's refund to satisfy spouse #2's child support (or other) debt.

[rjs]

You do get the exemption for your daughter who lives with you, by claiming her as a dependent. We don't know any details of your tax situation, but you probably also get the child tax credit for your daughter, and possibly other tax benefits. All of that is taken into consideration in calculating the refund on your tax return. But whatever the amount of your refund is, after the exemption and credits, it all goes to pay back child support as long as you owe back support. There is nothing you can do about that except to pay what you owe and get current with the support payments. There is no form you can fill out to change that.

[Critter]

Are you married to the daughter's dad?  If so do you file a joint return?

Does your daughter live with her dad?

[kannescott]

I'm not married, I'm a single mom. Her father has never seen her she lives with me full time she never sees her father. The child support I pay is for my son who lives in Florida with his father. But his father is not my daughter's father

[Critter]

Sadly there is nothing you can do to save the refund from getting taken for the child support you owe.

What you can do instead is to make sure you don't have a refund to be taken ... if you play it correctly you will owe every year.