My husband is paying child support. The payments include back child support. Since he is currently paying.Will IRS take my refund, when we file together?(live in texas)

[DoninGA]

Possibly.  File an Injured Spouse Form 8379 to protect your portion of the federal tax refund (if any)

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...

[Anonymous]

you also have the option of filing separately, but many times the taxes are higher that way (many credits are not allowed) and there are certain rules that must be followed.  innocent spouse is almost always the better way.  

[onlmonica12]

i never even knew of the innocent spouse until now. Do you know if this current situation i am talking about would qualify?    See i was thinking with him actually making the payments currently of the child support and back child support we would be okay. Rather than, someone not working who owes back child support and married to someone who is working. Then the current spouse who would be only working, then the IRS would definitely take refund. I know with the married filing separate there is less credits allowed. So that is why i am trying not to file that way.

[Critter]

The INJURED spouse is what you need to use NOT the INNOCENT spouse and since you are in TX where it is a community property state the injured spouse form will do very little for you but it is your only option if the IRS has an offset for the back child support on file.