My husband works and I don't and he owes back support and we need our return for a special needs child. is there a way we can we keep our return?

[afriel77]

My husband has been the only one working all year and he owes back support and we are waiting to hear back if his ex-wife will forgive the balance for the back support. If she doesn't forgive the balance, is there a way for us to keep our return as we have a special needs child and need this return to pay for stuff for his schooling. 

[SweetieJean]

Do you live in a Community Property State?

[Critter]

Sorry ... but the injured spouse form only works if the injured spouse has income or refundable credits based on their situation.   I would adjust the withholding at the job to keep make sure you don't have a refund so there is nothing to grab. 

[DoninGA]

You can complete an Injured Spouse Form 8379 with your personal tax return when filing as Married Filing Jointly.  This will prevent your portion of any tax refund being seized for the back child support debt.  But not your spouse's portion.  See this TurboTax support FAQ for a Form 8379 - https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation

To complete a Form 8379 -

• Click on Federal Taxes (Personal using Home and Business)
• Click on Other Tax Situations
• Scroll down to Other Tax Forms
• On Miscellaneous Tax Forms, click the start or update button

On Report an innocent or injured spouse claim, click the start or update button

Or enter 8379, injured spouse claim and allocation in the Search box located in the upper right of the program screen.  Click on Jump to 8379, injured spouse claim and allocation

[macuser_22]

The OP said that she did not work so she would have no refund of her own to protect with a 8379.   A 8379 will only protect that portion of a refund that she would have received if both spouses files separately and with not income that would be zero.