Am i eligible for injured spouse

[leabirkenkamp]

My husband does not work and has back child support. I want to file jointly but I don't want my refund that i worked for to go straight to his back child support.

[Carl]

Just work it through the program to see if you qualify. Under the Other Tax Situations tab scroll down and select Misc Tax forms and start working the Injured/Innocent spouse from from there.

[leabirkenkamp]

Would I claim injured spouse after I file and if only they send a notice of use of my refund for back child support? Because I have yet to file, in the process, just want to make sure I receive what I deserve. And thank you for your help

[DianeW]

Definitely file the injured spouse form with your tax return now because you do qualify.  Since your husband had no work, then all of the refund should be released to you.  It will take much longer to have the refund released if you wait and file the injured spouse form 8379 later.

You should expect a delay because the IRS will take some time to review but it will be release assuming the rest of the return is accurate because only you had earnings and do not have the debt.