Can I file injured spouse and allocate any child tax refund to myself if my new husband owes back child support and earns most of the income?

[kevainwhite]

My husband owes back child support . His son is 28 years old and hasn't lived with his mother since he was 15 but the state still kept adding monthly child support payments to his mother until he was 26.  He makes most of the money for our family. I made a whole twenty eight dollars in royalty for this year. I have one child of my own from a previous marriage and we have one of our own. Can I file injured spouse and allocate the child tax to me, will they deny it or is it even worth it to file injured spouse? I'm wondering if it's even worth it to file taxes at all since we made less than 20,000 and wouldn't owe any taxes anyway. If we were to file then over 7000.00 refund could go to his ex who shouldn't have been getting child support added on each month until he was 26.  

[Coleen3 · Accepted solution]

Not if your income is only $28. The IRS looks at how much of the money was earned by each of you. His earnings and withholding create the ability to take the credit and any refund will come from his withholding. The dependency belongs to him; he supported the children. The purpose of the form is to prevent your portion of the refund being taken.