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Level 1

My husband owes back childsupport will they take my income tax since we filed married filing joint?

 
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My husband owes back childsupport will they take my income tax since we filed married filing joint?

This could happen.  However, if you amend your 2015 return to include an Injured Spouse/Innocent Spouse claim you can prevent the garnishment of the non-debtor spouse’s refund to pay the debts of the debtor spouse. 

The menu path for the Injured Spouse/Innocent Spouse claim form is in Other Tax Situations>Miscellaneous Tax Forms>Start>Report an injured or innocent spouse claim>Start.

When you file this claim with your return, the IRS receives sufficient information to split the joint return refund between the contributing spouses.  This claim will also protect the non-debtor spouse’s refund from garnishment.  The joint return typically produces a lower tax and a higher refund because the joint return tax rates are lower than the married filing separately tax rates.