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My husband owes back support. He gets social Security and child support gets taken out of his check each month. If I filed married/jointly will my return get taken for child support?

 
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1 Reply
AnnetteB6
Expert Alumni

My husband owes back support. He gets social Security and child support gets taken out of his check each month. If I filed married/jointly will my return get taken for child support?

It is possible that it might.  You can include Form 8379 Injured Spouse Allocation with your joint return to protect your portion of your joint refund from being seized for his past debt.  

 

Take a look at the following information to learn more:

 

What is IRS Form 8379: Injured Spouse Allocation?

 

Filling out this form can be confusing.  Here are some tips to help you along the way.  

 

There are a couple of things to note when filling out the injured spouse form.  If some of the boxes were not checked, then TurboTax will state you are not eligible to file the form.

 

Pay close attention to each screen in the process to be sure you are answering questions about Injured Spouse, not Innocent Spouse

 

On the screen titled “Tell Us More About Your Situation” at least 3 boxes must be checked to qualify to file the Injured Spouse form.

  • The box “I filed (or will file) a joint return with my spouse (or former spouse)” must be checked.
  • The box “I am not required to pay the past-due amount” must be checked. 
  • Additionally, at least one more box must be checked to indicate the type of debt that your tax refund will be used to pay. 

Use these steps to get started with the Injured Spouse form in TurboTax:

  • On the top row of the TurboTax online screen, click on Search (or for CD/downloaded TurboTax locate the search box in the upper right corner)
  • This opens a box where you can type in “injured spouse” (be sure to enter exactly as shown here) and click the magnifying glass (or for CD/downloaded TurboTax, click Find)
  • The search results will give you an option to “Jump to injured spouse
  • Click on the blue “Jump to injured spouse” link and enter your information

  

For more information and instructions from the IRS regarding the Injured Spouse Form 8379, click here.

 

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