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Yes, the IRS can, if you're filing a joint return.
If you file a married filing separately return, any refund you have coming from that return can't be used to offset his child support debt. Unfortunately, you don't qualify for a number of tax benefits if you file separately.
However... if you've already filed jointly, you might consider filing an "injured spouse" claim with the IRS. (You can also file this with your original return, if you haven't filed already.)
Please see the TurboTax article "What is IRS Form 8379: Injured Spouse Allocation" and the TurboTax FAQ "How do I file Form 8379, Injured Spouse Allocation?" for more information on this process. There's a dropdown called "What if I've already filed my tax return?" in the FAQ that describes how to file an injured spouse claim when you've already filed a joint return.
https://ttlc.intuit.com/replies/3326788
Yes, the IRS can, if you're filing a joint return.
If you file a married filing separately return, any refund you have coming from that return can't be used to offset his child support debt. Unfortunately, you don't qualify for a number of tax benefits if you file separately.
However... if you've already filed jointly, you might consider filing an "injured spouse" claim with the IRS. (You can also file this with your original return, if you haven't filed already.)
Please see the TurboTax article "What is IRS Form 8379: Injured Spouse Allocation" and the TurboTax FAQ "How do I file Form 8379, Injured Spouse Allocation?" for more information on this process. There's a dropdown called "What if I've already filed my tax return?" in the FAQ that describes how to file an injured spouse claim when you've already filed a joint return.
https://ttlc.intuit.com/replies/3326788
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