My husband owes back childsupport will they take my income tax since we filed married filing joint?

[JohnH2]

This could happen.  However, if you amend your 2015 return to include an Injured Spouse/Innocent Spouse claim you can prevent the garnishment of the non-debtor spouse’s refund to pay the debts of the debtor spouse. 

The menu path for the Injured Spouse/Innocent Spouse claim form is in Other Tax Situations>Miscellaneous Tax Forms>Start>Report an injured or innocent spouse claim>Start.

When you file this claim with your return, the IRS receives sufficient information to split the joint return refund between the contributing spouses.  This claim will also protect the non-debtor spouse’s refund from garnishment.  The joint return typically produces a lower tax and a higher refund because the joint return tax rates are lower than the married filing separately tax rates.