If I owe child support and my wife claims me as a dependent, will the state come after her return to pay off my child support arrears?

[DoninGA · Accepted solution]

If you are legally married your wife CANNOT claim you as a dependent.  You only have the option to file as either Married Filing Jointly or Married Filing Separately.

If she files as MFS then her tax refund cannot be seized for your debts.  If she files as MFJ her tax refund can be seized for your debts unless she includes a Form 8379, Injured Spouse Allocation with the joint tax return so her refund is protected.

See this TurboTax support FAQ for a Form 8379 - https://ttlc.intuit.com/community/accessing/help/how-do-i-file-form-8379-injured-spouse-allocation/0...

[wmelendez]

Thank you very much. Exactly the answer I needed. 

[vm0174840]

I filled MFJ is it a for sure thing my refund will be garnished if he owes child support. 

He is currently disabled and did not work this past year and we got marred in December.  

[VictoriaD75]

If you are married filing jointly, you have the option of including an injured spouse claim on your return. The IRS can intercept the entire refund from a married couple's joint tax return even if only one of the spouses was legally liable for the debt. This can happen, for example, when one spouse owes child support. The responsibility for that debt is his alone, but his spouse will suffer—be "injured," in other words—when the IRS seizes the refund. A couple can file Form 8379 along with their joint tax return if they expect their refund to be seized.

How to Add Form 8379

What is Form 8379

[Jess_kyky]

I didn't get my child earned income credit 

[Jess_kyky]

No I share support with her I take care of her 12 no. Out the year every year

[VictoriaD75]

@Jess_kyky Can you elaborate? What is your question related to this topic? 

[wmelendez]

I wasn't sure if my wife was able to claim me on her taxes as I do not work. but the first response to my question clarified this.  I cannot be claimed as a dependent.  we file separate.