if i file jointly and file injured spouse form and husband has not worked 1 day all year can they still take my federal taxes? or even part of my taxes for his back child support from a previous marriage when i am the first name on the return?

i usually file married filing seperately but was told about the injured spouse form. Im just curious if I filed joint with injured spouse form and I am the first name on form can they still tack any of my taxes for his back child support from a previous marriage
  • Do you live in a Community Property State?
  • im not sure i live in fla
  • I live in florida and filed injured spouse form last year and got all my money back, so it could not be taken for husbands child support.  When you file married but sep. you lose deductions
  • Iive in Washington State can I file injured spouse on my husband? and how do I do this?
  • I'm going to file married/jointly but I owe on my student loan and they are going to take it all. I'm going to file injured spouse form. How do I do that? I also live in Iowa.
  • We live in Iowa and my wife works in Nebraska as a RN. She paid Nebraska state taxes but not Iowa state taxes on her check. What do I do to get the max money back? Do I file Iowa state taxes for her and Nebraska state taxes as well? What do I do?????
  • I filled out information for injured spouse. Will it automatically file? I didn't see an actual form. Turbotax  just asked me a couple questions. How do I know if it will get filed?
  • that is a good question Katie! I am concerned because I filed the same way and included the injured spouse form (did it through turbotax) in 2010 and I am still fighting to get $6000 back. This makes me hesitant. I know that when I read about it, it said to "MAKE SURE you sign the form as well as your return". When I looked at the actual form towards the end of filing this time on turbo tax, I noticed that the signature spot for that form is blank again. I waited for 45min to ask the question on the chat and they didn't understand my question and said that the form was a "request" so they can deny it. That person was referring to the innocent spouse form that is a request and not the injured spouse form. I am wondering if I should print it off and send it in as well. the form is under "other" something and sounds like you went to the right spot but I would get some clarification before counting on that form. Also, there is a question that said on the turbo tax questionaire, "If you are divorced or seperated, and if you would like your refund to have your name only, check yes" and when you read the actual tax form it says, "Only if you are divorced or legally seperated would you like the refund to be sent to you and not your spouse. yes no" I checked yes at first because I do only want it in my name because if the money is deposited in a joint account, the government can take it for back child support. But those questions are totally different!
  • I've been filing injured spouse form for about 3 years now. What you have to do is print out your 1040 and the injured spouse form sign it and mail it in. On the top left corner of the 1040 you have to indicate "injured spouse." You can not e-file if filing this form because they do require your signature to be on it. It's worked for me since i've been doing it.
  • I have filed injured spouse form last year but this year it says I do not qualify. Does anyone know why?
  • yeah me to i have for the last three years to now turbo tax says i dnt qualify i never had a problem til now why dnt  turbo tax have the form u can sign wow u can sign for ur money but not the injured spouse form u have to send it in i dnt understand that
A correctly prepared Form 8379 will stop the IRS from using your refund to satisfy his obligation.  It doesn't matter whose name is first on the return.  Note that use of Form 8379 will cause a delay of 8 -14 weeks in the processing of your refund.
Does Turbo Tax file the Injusred Spuse form or do I have to file it?  I filled it out while preparing the taxes,  I just want to make sure!
  • I used the injured spouse from through TurboTax last year and even with the statement that the taxes had been 100% checked - and over $4000.00 confirmed to be paid back - the IRS took all but $340.00.  The form was filled out incorrectly by Turbo Tax and I am still working with them to amend my 2012 return.  Be careful with the form and have someone check it before filing.
where can I fill out the injured spouse form??
If your spouse has not worked and your the only one that has worked in over a year, and the spouse has back child support and you file head of household/ separately can they take your taxes for the whole year that you have worked and he had not to satisfy his back childsupport or tax obligations. Is there a way around it ... or do you have to file completely separated.
  • from my research, no. but your filing status can make a difference of thousands of dollars. It is worth it to file married/jointly. try to change your filing status while doing your taxes and see the difference. it made me go from owing to receiving x's 10!
I'm in the exact situation, and I filed electronically with injured spouse last year, and doing it again now.
  • does it delay your refund and how long does it take to get your refund? How do u file injured spouse on Turbo Tax?
  • It does delay your refund.  Last year when I called IRS they said it takes up to 8 weeks.
  • In my situation, my husband hasn't worked.  Since I live in a community state, my refund is less than what it should be because they take it for back child support for my husband.  We pay the child support but there are still some arrears.  I just don't know how the IRS determines how much to withhold.
Last year I paper filed 2010 and 2011 with injured spouse on both years and and the IRS mysteriously lost our forms, but they had no problem taking my back taxes from my wife's refund.  LOL.  All paid now though and it will never happen again.  That's a haunting debt!
  • They always "lose" mine also...they have for the last 4 years!  Filed paper return WITH injured spouse form at the same time, IN SAME ENVELOPE!  THEY NEVER RECIEVE IT!!
  • I called the IRS and the lady said that I should also receive a confirmation of the injured spouse form. If I don't in about a month, I can call again and will probably have to refuel it.
  • You might consider sending your completed, signed forms to the IRS via USPS Certified Mail with Return Receipt (requiring an agent signature) requested. I've done so several times and have had NO delays nor problems whatsoever.
  • That happened to us too.
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