Spouse Owes Child Support

[Marily17]

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

[xmasbaby0]

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.

[Marily17]

Thank you, and file jointly right?

[xmasbaby0]

@Marily17 Yes----with injured spouse you file a joint return.

[JohnB5677]

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

1. Select Other Tax Forms
2. Scroll to Report an injured or innocent spouse claim!
3. Click Start/Revisit
4. Follow the interview!

IRS Taxpayer Advocate flier Injured Spouse