turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
turbotax icon
turbotax icon
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

My spouse owes child support. file injured spouse form. is there a way can make it to where they just take what my spouse gets back and none of mine or kids

Married FILING JOINTLY SPOUSE OWES CHILD SUPPORT HOW CAN I MAKE IT TO WHERE I GET MY ENTIRE KIDS AND MY PART

Connect with an expert
x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

6 Replies

My spouse owes child support. file injured spouse form. is there a way can make it to where they just take what my spouse gets back and none of mine or kids

Which state do you live in?

My spouse owes child support. file injured spouse form. is there a way can make it to where they just take what my spouse gets back and none of mine or kids

Ohio
DanielV01
Expert Alumni

My spouse owes child support. file injured spouse form. is there a way can make it to where they just take what my spouse gets back and none of mine or kids

Ohio is not a community property state.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

My spouse owes child support. file injured spouse form. is there a way can make it to where they just take what my spouse gets back and none of mine or kids

i live in ky what about ky
DanielV01
Expert Alumni

My spouse owes child support. file injured spouse form. is there a way can make it to where they just take what my spouse gets back and none of mine or kids

Kentucky is not community property either.  If you have additional questions, feel free to post a new question and we can provide you a detailed answer to assist you.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
DanielV01
Expert Alumni

My spouse owes child support. file injured spouse form. is there a way can make it to where they just take what my spouse gets back and none of mine or kids

It depends.  The point behind the Injured Spouse form is that the IRS will make a determination on how much of the refund is due to your income and credits and how much is due to your spouse's income and credits.  The portion that they (and only they) determine to be your spouse's amount of refund is subject to being offset, or garnished, to cover his back child support.  For most states, your income is divided between what you made vs. what your spouse made.

However, for a community property state the rules are a bit different.  The community property states are:  Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.  The IRS' determination of each spouse's refund varies according to each state's rules.  Here is an IRS webpage with more information:  Form 8379 Community Property State   (Click on link, find your state, and click on that link for your state's specific rules).

However, as mentioned, it is the IRS and only the IRS that determines how much of the refund is "yours" and "your spouse's".  Because this is the case, the most refund you can receive can be achieved by filing the 8379 completely and correctly.  This FAQ explains more:  https://ttlc.intuit.com/replies/3326788

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
Use your Intuit Account to sign in to TurboTax.
By selecting Sign in, you agree to our Terms and acknowledge our Privacy Statement.
message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question

Related Content

Manage cookies