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s_saunders87
New Member

Should I still file Form 8379 if my husband was the only one with income and he owes back child support? We have 2 kids. Will we still get child tax credit?

I know we won't get any earned income credit because it was all his income. Just wondering if the child tax credit is "untouchable" for child support.

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macuser_22
Level 15

Should I still file Form 8379 if my husband was the only one with income and he owes back child support? We have 2 kids. Will we still get child tax credit?

No. The injured spouse only protects the refund that *you* would have received if you filed separately.  Since you had no independent income and would not have received any refund of your own, then you have no refund that the 8379 would protect.

The earned income credit (EIC) is based on total income and AGI, not just "his" income.  If when filing jointly the total income and AGI are within the EIC limits  then it makes no difference which spouse earned  the income or if the other spouse had any income at all.

The child tax credit and any other credit are part of your refund.   If there is a tax offset against the refund then all of the refund can be used to satisfy the offset.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

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macuser_22
Level 15

Should I still file Form 8379 if my husband was the only one with income and he owes back child support? We have 2 kids. Will we still get child tax credit?

No. The injured spouse only protects the refund that *you* would have received if you filed separately.  Since you had no independent income and would not have received any refund of your own, then you have no refund that the 8379 would protect.

The earned income credit (EIC) is based on total income and AGI, not just "his" income.  If when filing jointly the total income and AGI are within the EIC limits  then it makes no difference which spouse earned  the income or if the other spouse had any income at all.

The child tax credit and any other credit are part of your refund.   If there is a tax offset against the refund then all of the refund can be used to satisfy the offset.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

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