I didn't work, filed injured spouse with my new wife's taxes, but they still took exactly half of her return. Why is this? She isn't listed on my debts b4 marriage.

[chad-kersten]

My wife and I got married in July 2018. I owe child support, student loans and other debts from a previous marriage. I have been disabled since 2016 and have been unable to work. I am still going through the process. 

When my wife and I filed taxes this year, we did so as married, jointly. At the same time, we filed the injured spouse form so she would not lose her refund, as she was the sole provider.

However, we got our refund last week, and only half was deposited. Exactly half. With no explanation as to where the other half is. Our only assumption is that they took half because of my debts. But they aren't supposed to be able to take her refund if we file the injured spouse form, right?

[Opus 17]

What state do you live in?

[xmasbaby0]

Are you in a community property state?  Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI

[chad-kersten]

We are in Texas.

[SweetieJean]

That's why. See answer below/

[chad-kersten]

Thank you everyone. I got an answer to the dilemma. One, property state, as mentioned by several of you. And two, which blew my mind, because my SS# showed up on a tax return (basically anyone's) the feds took half to give to a debtor if mine, even though my wife had nothing to do with it. I called BS on it, but they're the feds, can't do anything about it since they couldn't care less.

[Opus 17]

In a community property state, half your income is considered to be earned by your spouse and half your spouse’s income is considered to be earned by you.  So 50:50 is the best outcome you can expect.  

Your spouse might have an argument to a larger refund for 2018 based on the fact that half her income was earned before the wedding.  This should have been part of the original claim, but injured spouse forms are difficult to prepare properly in community property situations and may require expert help.  

If your refund letter indicates there is an appeal process, you could try based on the marriage being in the middle of the year.