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If I file jointly with my husband but he’s behind on child support will it take both of our returns

 
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If I file jointly with my husband but he’s behind on child support will it take both of our returns

Yes, they will seize your whole refund unless you file as an injured spouse to protect the part of the refund that can be attributed to your earnings.

 

INJURED SPOUSE

https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation

 

 

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
CatinaT1
Expert Alumni

If I file jointly with my husband but he’s behind on child support will it take both of our returns

Form 8379 lets you (the "injured spouse") get back your portion of a jointly-filed refund if it's seized or offset to pay your spouse's debt. 

You must file jointly to use this form. Filing an 8379 can delay your federal refund. 

 

  1. To file this form in TurboTax: 
  2. Open or continue your return. 
  3. In the search box, enter injured spouse and then select the Jump to link in the search results. 
  4. Answer Yes to Do you want to claim innocent or injured spouse relief?  and carefully follow the onscreen instructions. 
  5. Note: Pay close attention to the screens, as some of them apply to innocent spouse relief, which is different. Leave those questions blank if you only want to claim injured spouse relief. 

 

If the taxpayer filed a joint return and is not responsible for his or her spouse’s debt, the taxpayer may be entitled to request his or her portion of the refund that was applied to the spouse’s debt. To qualify as an injured spouse, a taxpayer must meet all three of the following:   

1. The taxpayer filed a joint tax return.  

2. The taxpayer is not liable for his or her spouse’s past-due debt to which the overpayment is applied.  

3. The taxpayer made and reported tax payments or claimed refundable credits on the joint return.  

 

 

 

This article will guide you through the process. 

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If I file jointly with my husband but he’s behind on child support will it take both of our returns

Some additional comments.

 

If you file an injured spouse form with your tax return, your refund will be considerably delayed, perhaps 3-4 months or more, while the IRS processes the request.  This form is also a request to consider your refund separately, it is not a guarantee.  

 

Your other option is to file as married filing separately.  This usually results in higher overall taxes, because some deductions and credits are disallowed or reduced.  But, it keeps your finances and taxes separate, and whatever refund you request on your separate return will be paid as is, and in a normal timely manner (usually 3-4 weeks).  

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