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stasee71
New Member

My husband & I filed married filing jointly. I had no income for the year. He owes back child support. I was told to file injured spouse to get some of the return back.

I was told that i could get a portion of the return for the tax credits he received from claiming me& my son
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KatrinaB
Intuit Alumni

My husband & I filed married filing jointly. I had no income for the year. He owes back child support. I was told to file injured spouse to get some of the return back.

Unfortunately, you won't qualify to file the injured spouse form, since you had no taxable income during 2016. One of the requirements for filing as an injured spouse is having tax withheld from your income or making estimated tax payments. Please view the IRS link below for more information about this rule.

https://www.irs.gov/uac/seven-facts-about-injured-spouse-relief

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1 Reply
KatrinaB
Intuit Alumni

My husband & I filed married filing jointly. I had no income for the year. He owes back child support. I was told to file injured spouse to get some of the return back.

Unfortunately, you won't qualify to file the injured spouse form, since you had no taxable income during 2016. One of the requirements for filing as an injured spouse is having tax withheld from your income or making estimated tax payments. Please view the IRS link below for more information about this rule.

https://www.irs.gov/uac/seven-facts-about-injured-spouse-relief

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