Can I claim someone who owes thousands in back child support and not be penalized on my taxes return?

[pottec87]

He has no contact with children or mother. They live in another state.

[AnnetteB6 · Accepted solution]

If you are claiming the person who owes the back child support as a dependent, then your tax return will not be affected.

If you are filing a Married Filing Joint return with the person, then you should also include the Injured Spouse Form 8379 as part of your return.  Otherwise, your refund could be seized for the debt of your spouse.

See the following TurboTax article for more information:  What is IRS Form 8379: Injured Spouse Allocation?

[Happyhelper]

In a word "NO" you cannot claim someone who is not an actual dependent as one if they are not paying their child support. It is possible to contact the court to intercept his tax returns for back child support. There is also a way to get liens on vehicles and other property, so that the person in debt must pay back support to sell the items. Hope this helps. Good luck.

[KatrinaB48]

Only taxpayers listed on a tax return are liable for paying a past-due debt and not dependents. When you file as married filing jointly, then you become responsible for your spouse's debt unless you file the form mentioned above.