My wife has a court orderd victim restitution fine that she has not paid off when we file Joint will i lost my Tax return ?

[RichardG · Accepted solution]

The IRS withholds refunds for non-payment of the following:

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 were not paid).

Unless the fine is owed through the Federal court system, most likely your refund will not be affected.  Follow this link to an IRS website for the phone number to call and inquire about garnishment of your refund:  https://www.irs.gov/taxtopics/tc203.html

Please follow these links for more information:
https://turbotax.intuit.com/tax-tools/tax-tips/Taxes-101/Who-Can-Garnish-an-Income-Tax-Refund-/INF19...

https://turbotax.intuit.com/tax-tools/tax-tips/Taxes-101/Video--How-Judgments-Can-Impact-Your-Taxes/...

[harper39440]

Before we got married they kept her returns for the last few years

[harper39440]

She was charged with Embezzling 40K and when to jail

[RichardG]

If you are filing a joint return with your spouse, please go to Other Tax Situations>Miscellaneous Forms>Report an Innocent or Injured Spouse Claim.  Complete that interview to protect your share of the refund from garnishment.