Spouse Owes Child Support

Forum|Forum|3 years ago
January 23, 2023
1 reply
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My husband owes child support and we don't have a child together. What is the best filing method for me? Can I file jointly? Will IRS take my return for his child support? I file separately before and it worked great but now I am not eligible for the Earned Income Credit and my tax return went down 2.5 thousand lower. What's the best thing to do? Thank you

Not A Product Question

xmasbaby0

Level 15

You can file injured spouse to protect "your" part of the refund.

INJURED SPOUSE

https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation

Expect your refund to take a lot longer --- it takes the IRS longer to process returns with injured spouse.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

Marily17Author

Level 2

Thank you, and file jointly right?

JohnB5677

Level 15

Yes, you will file jointly, but you will only get credit for your side of a refund, Your spouse's portion will probably be taken.

You’re an injured spouse if your share of the refund on your joint tax return was (or is expected to be) applied against a separate past-due debt that belongs just to your spouse, with whom you filed the joint return. This can be a federal debt, state income tax debt, state unemployment compensation debt, or child or spousal support payments.

Start at Federal