My husband owes child support from previous marriage and I am on ssdi and we claim my son from a previous marriage who lives with us full time, can they take our refund?

[Tymebrown]

My son lives with us fulltime and our home is in my parents name but we claim is since we paid the down payment and the mortgage and my parents do not.  My husband only worked half of the year and I receive ssdi monthly and am permanently disabled.

[Hal_Al · Accepted solution]

"Can they take our refund?"

Probably yes. It depends on all the details. The bulk of your refund probably comes from the Earned Income Credit and Additional Child tax credit.  Although those refundable credits are based on "your" child; they are also based on your husband's earned income (SSDI while potentially taxable, is not earned income).

All you can do is submit the Injured Spouse form and hope for the best. Filing separately will not help you and would most likely hurt you worse. 

[SweetieJean]

Yes.  Normally, Injured Spouse would benefit you.  Are you in a Community Property State?

And are either of you listed on the deed or the mortgage of the home?

[Tymebrown]

no we are not in a community property state, is an equitable distribution state.  Yes my name is on the deed, but my husbands is not.....he is the one with the owed child support

[macuser_22]

They can take any refund that your spouse would receive whether you file jointly or separately.   The injured spouse form would not be of any benefit since you would have no independent tax refund of your own to protect since you had no taxable income of your own and would not have received any refund if you filed separately.

If you itemize and claim the mortgage interest then that can only be done on a joint return since you have an obligation to pay it since your name is on the deed.  If filing separately that deduction would be lost to your spouse since he is not on the deed and you would not benefit from it.