Can IRS offset my income tax,if my husband is disabled,has no taxable income and owes child support even though we filed married filing joint?

[JohnW15 · Accepted solution]

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

[neice407]

What of he had no w2 and i mailed the injured spouse form off already

[JohnW15]

Oh, glad to hear you did that!  Did file the injured spouse WITH your return, or separately!

[JohnW15]

Here's the IRS' timeframe, if that's what you were going to ask about:   • If you file Form 8379 with a joint return on paper, the time needed is about 14 weeks.  • If you file Form 8379 by itself after a joint return has already been processed, the time needed is about 8 weeks.