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20curtis18
New Member

Do I need to file injured spouse form, if spouse that owes child support arrears, had not income?

my husband owes back child support.  TT wants a married-filing joint status-because I am not liable for his support debt, and he had no income for 2017, do I still need a injured spouse form?

can you help with this question?

3 Replies
Hal_Al
Level 15

Do I need to file injured spouse form, if spouse that owes child support arrears, had not income?

Yes. That's the exact situation where you DO want to file injured spouse. The form will identify that none of the refund belongs to him

20curtis18
New Member

Do I need to file injured spouse form, if spouse that owes child support arrears, had not income?

no that did not answer my question.... if my spouse did not have any income reported on a joint return, how can irs take my refund ?
Hal_Al
Level 15

Do I need to file injured spouse form, if spouse that owes child support arrears, had not income?

They can take your refund because your refund is not your refund; it belongs to both spouses. The joint tax return is not your return; it's the couple's return. The purpose of the injured spouse form is to allocate (tell the IRS) how much of the refund belongs to you (all of it) and how much belongs to your spouse (none of it because he has no income).
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