claiming someone who owes money??

if i claim someone who owes back child support will my tax return get taken to pay for it?
    If you claim this person as a dependent on your return, you will not be responsible for his/her back obligations.  However, if you marry this person and file a joint return, your refund could be taken to satisfy the obligation.  If this is your case, there are ways to protect yourself.  Post back here if you are married to him/her.
    • I just had this happen to me... my husband owes back child support and I get sent a letter stating they took my whole tax return to settle his debt. No regard for my kids taxes or my earned income. What can I do???
    • I have the same question and I am married to the person who owes back child support, what should I do? File separately?
    tinker5477 -- Your situation is different than discussed above.  In the above situation, it is a dependent that has the tax problem.  In your situation, it is a spouse on a joint return.  A spouse is not a dependent and the rules are different.  Read comments below for how to handle this in the future.

    jenahsmom -- you have two choices.  File separate returns using the Married Filing Separately filing status.  This filing status is easily the worst of all the statuses but does have the single benefit of avoiding having your refund claimed to satisfy the obligations of someone else, usually a spouse.  MFS causes you to lose many deductions and credits that otherwise might be available to you, including the EIC and ,education credits.  A better option is to prepare a joint return with your spouse using the Married Filing Jointly filing status and include a Form 8379 Injured Spouse Claim in the return.  The IRS will compute your portion of any refund separate from your spouse's portion and send you yours while keeping his to satisfy his back obligation.  The only negative to this is that the refund takes an extra 8-14 weeks to process.  Form 8379 is included in TT under Other Tax Situations, Other Tax Forms, Miscellaenous forms.
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