If i file married jointly with injured spouse form. will i get money back even if my husband owes back child support and student loans

  • He owed money before we got maried
  • yes he owed before we got married
  • Yes, you will get your amount only. I file like that every year, but it will take longer for you to get it sometimes.
  • gsxr_queen: This is my dilemma; I hope u can help...please & thank u.
    My wife has federal school loan debts from before we got married she is unable to work since she has withdrawaled from school due to an illness and has been unable to pay these loans back in full. Am I responsible for these debts if we are filing married & jointly? If I file an injuried spouse tax form 8379 can the IRS keep my refund to re-pay these loans? Please help I am desperate for this info. Thank u for ur time, Jason
  • Turbo Tax will not let me file injured spouse form but why I don't know
  • it will let you if you answer the questions correctly but you still have to mail the amended tax return in to the IRS. Turbo wont do that for you.
  • when you answer the questions under the injured spouse form on turbo tax, it automatically creates and fills out the form for you. i was trying to find answers and just filed, and when you review to print or save, the 8379 form was there, filled out and attached with my taxes. so yes, when you answer those questions, that is creating the form. it told me to make sure i attached the form and i am not sure why which is what confused me, but rest assured that once you answer the questions in full you are good to go!
  • where is the injured spouse form on turbotax?
  • In the search box top right type in INJURED SPOUSE and the form shall appear its form 8379
  • If you have problems I'll be glad to help for IRS had to help me file it correctly
  • I need help please filing this form...I have tried on my ownand am confused I the section where u put your income and allocated items
  • You need help on the injured spouse form , or which form?
  • Yes I need help w/ the injured spouse form,, this is so frustrating. Ive been goin thru this refund intercept for the 5th year, I just tried it by printing the form and filling it out, and also here on turbo, I just cant do it. I do my own taxes yearly but this is hard for me
  • Ive never filed the injured spouse claim before I live in california ,, is it even worth it? My husbandgets behind on chi supp and they intercrpt a good chunk of our refund  to pay it. This year they took it from federal to satisfy his debt and accidently took my state refund also, so I dont even know who to call.
  • Lol don't get aggravated its simple once we see how IRS reads it. Did you work and pay in federal taxes?then if you did pay taxes answer YES to the one which ask if you made payments
  • Yes it is worth it do you have a text number where we can communicate easier?
  • I would rather do this myself and save $ rather than go to a tax place for this but I do eant to file it for the past years also if possible?
  • Yes tex me at 720 459 5764
  • my wife and i are fileing our own taxes this year however i ow back child support and am trying too get that cleared we filed injured spouce and all will she get her taxes in full the child tax credit and state and fed being that her kidos are not mine biologic and the debt was befoure her and myself had gotten married ???
  • Im in california and Yes even tho the debt was before you amd your wife they will intercept your refund. Its horrible and very difficult to go thru. U depend on this refund snd its taken away! At least thats how I feel
  • I just texted you but I will put my question on here... got married last year, now filed married filling joint, husband owes child support.  I efiled and I am now finding out that they are planning on keeping my refund.  I found out I can file an injured spouse form.  I ammended on turbo tax... and I know I have to "mail" it in.  Do I only mail the form or all of the tax form that were already efiled? also I cant get turbo tax to print me what I ameneded or that form.  Takes me to a screen and wants me to pay again? Am I doing something wrong?
  • I havse been over turbo tax forms 100 times and it will not except my information.  Has anyone been successful?
  • Same boat Dailytask. It will not allow me past the question period, and I am confused!!!!!
  • i need help too!!!
  • Turbo tax will not let me file injured spouse. My husband owes on Federal student loans! We did file injured spouse last year with H&R. Also this year they are only giving me tax credit for one of tree kids.
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It depends a great deal on whether you would have received a refund if you filed separately, or whether or not you live in a community property state.
  • I live in north carolina and its not a community property state. I would recieve a refund if we file separate. So does that mean i can use the injured spouse form with out lossing all my refund to student loans and child support rears.
  • It means that you can use the injured spouse form to preserve some or all of your refund.  How much is difficult to predict.
  • My husband and I have always filed married/jointly. I have been disabled since 1993 and still am. We were told we could file injured spouse and it may benifit our taxes. We live in Wyoming. no children at home we are both 53 this year.
  • so sorry i missed the answer
    can you answer again plz
  • Bttrfly506, the injured spouse form doesn't have anything to do with disabilites of a spouse.  It is in regards to any back payments that your spouse would be obligated to pay but does not make you responsible for.  the form is used so that the state in which money is owed (for example: past due child support of a child that is only your spouse's, his student loans, his delinquent federal or state taxes, etc.) that is not your responsibility to pay but his alone.  By filing injured spouse this will ensure that the funds taken (like a garnishment) are not funds that are technically owed to you.  This form will allow you to keep your percentage of the return but not his. Hope this helps!
  • need too fill out injured spouse form on my turbo tax where is it onturbo tax
  • i also am wondering where to find the injured spouse form here on Turbo Tax? Is there one available?
  • where is this form
  • the inure spouse form
  • itis under other tax situations in the miscellaneous tax forms , but I have no clue which one to select
  • u can click on tools at the top, then topic search, then start typing injured spouse, it will pop up automatically.  first section is innocent spouse so dont be surprised if it says u dont qualify (thats what happened to me).  when it comes to the part asking abpout your situation, there will be 7 boxes, check boxes 1, 3, and 6.  VERY IMPORTANT that u check box 1. Thats what I was doing wrong. Did an online CPA chat with TurboTax ppl and thats what he told me to do. worked like a charm!!
  • Did it ask you to provide or apply for an EIN?  I am kind of confused to why I need an EIN?
  • the form is Injured Spouse Tax form 8379, u can find it under the list of tax forms as long as ur not using a 1040EZ its under Basic and all the other upgraded filing tax forms (ie. basic, deluxe, ect.).
  • its asking me for an ein number. why do i need that?
  • I happened to help a tax professional at work today... she ssys if your tax refund was intercepted for child support and you want to file injured spouse..u will get a portion of the refund hack but it will be taken from the child support case wich will cause the case to be in arrears again,, so the way I see it. Either way , your screwed!
  • Can someone help me with information regarding married filing separately and we live in Louisiana which is a community property state? What figure goes in the addition and reduction boxes????
  • What if he is on SSDI and has been for 4 yrs , has no income will they sill take some of it?
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I file every year with an attached 8379 to my taxes. Turbotax does it all and it's still totally free if I do all the inputting. My wife has student loans from the 80's that will be there until the day she dies so I have to do this ($2K in loans, $8K in interest/penalties so I refuse to pay them)  Just do a search for injured spouse and turbotax will take you right to the forms and questions.
  • If I already e-filed my tax return and the IRS has accepted it. Can I still add the 8379?
  • I hope this might help someone. My hubby owed back support. After filling, I received a letter from the IRS that stated they were taking my taxes for his debt (he wasn't working at the time). I simply filled out an 8379 injured spouse, attached it to a copy of my return and mailed it in. It took a couple Weeks longer, but I got all my refund back. If your significant other is working, you will get back what you were entitled and what your spouse was entitled will go to their debt. If you live in a community property state (i.e. California, Nevada) the laws are different and the IRS will determine how much should go to pay the outstanding debt of the spouse that owes. I'm in Chitown (Illinois), so its not a community property state, that does not apply to me. Check the irs website to determine if your state is and to what irs service center to mail your 8379 to. Hope this helps someone and God bless  :o)
  • do you have to mail it through the post office or can you do it online with turbotax?
  • You have to mail it in. They will not except it electronically. I  know it is a pain, but its worth getting what you are supposed to have. Believe me, it'll come right on time :o)
  • Thank You I think you aswerd my question...My husbnad is on SSDI in which no income pays no taxes...I am the only income and we filed for Injured spouse due to back child support. We live in NJ so Im hoping we get the full refund.
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