If my husband pays child support but is not behind on payments shoild i fill out an injured spouse form?

15slangle · ‎May 31, 2019

Last year he was behind and they took our taxes to pay it off. He's not behind anymore. Will they take our taxes anyways?

LeeM · ‎May 31, 2019

As long as he is not delinquent, they should not take your tax refunds.

According to the IRS Tax Topic 203, Refund Offsets linked to below. The IRS will not offset/keep any of your refund except for the following reasons:

Past-due child support;
Federal agency non-tax debts;
State income tax obligations; or
Certain unemployment compensation debts owed to a state (generally, these are debts for (1) compensation paid due to fraud, or (2) contributions owing to a state fund that weren't paid).

You may want to determine if it would be practical to file an injured spouse form from 2015 to try and obtain the refund attributable to you.

LeeM · ‎May 31, 2019

As long as he is not delinquent, they should not take your tax refunds.

According to the IRS Tax Topic 203, Refund Offsets linked to below. The IRS will not offset/keep any of your refund except for the following reasons:

Past-due child support;
Federal agency non-tax debts;
State income tax obligations; or
Certain unemployment compensation debts owed to a state (generally, these are debts for (1) compensation paid due to fraud, or (2) contributions owing to a state fund that weren't paid).

You may want to determine if it would be practical to file an injured spouse form from 2015 to try and obtain the refund attributable to you.

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