I filed head of household and my husband owes back child support. He didn't work at all this tax year. I did not file a joint return. Will they take my refund?

[jesimay1]

I did not file jointly on my return.  Will they still take my return for my husbands back child support?

[xmasbaby0 · Accepted solution]

No, your refund will not be seized for your spouse's back child support, since you filed married filing separately.  But if you lived with your spouse during the last six months of 2017 you are not allowed to file as Head of Household.  You could file as married filing separately and claim the children, etc.

Am I Head of Household?

https://ttlc.intuit.com/questions/1894553-do-i-qualify-for-head-of-household

https://ttlc.intuit.com/questions/2900097-what-is-a-qualifying-person-for-head-of-household

[jesimay1]

He did not live with us this past year.  When it was April and he still wasn't working he left and went back to his dads.  Thank you for your help.

[akelley88]

Hi, 

My husband did not live with my daughter and I for all of 2019 because he was incarcerated. He owes back child support and I was qualified to file as head of household. Will my taxes be offset because of him owing child support?