If my status is MFJ, and I choose to apply my refund to next year's tax return, can it still be taken for my spouse's child support arrears?

wendylady1175 · ‎February 13, 2023

xmasbaby0 · ‎February 13, 2023

Yes. If you are filing a joint return your refund can be seized to pay your spouse's delinquent child support. You cannot shield it by trying to use it to pay next year's taxes. You can try filing as an injured spouse to protect the part of the refund that can be attributed to the income you received.

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.**

wendylady1175 · ‎February 13, 2023

Thank you for that information - that is very helpful.

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If my status is MFJ, and I choose to apply my refund to next year's tax return, can it still be taken for my spouse's child support arrears?