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Can you file as an injured spouse for a tax refund if your husband had an affair and a baby and must now pay child support?
Wiki User
∙ 15y ago
If the IRS is intercepting your joint tax refund to pay past due child support owed by your husband AND you are not legally liable for the payments under the laws of your state, then yes.
What I don't know is whether you have no legal liability for such payments if the affair occurred while you were married (particularly if you live in a community property state). You should contact a family law attorney for clarification.
Of course, there is a much better solution to your problem. DON"T OVERPAY YOUR TAXES. If you don't overpay your taxes, you won't be getting a refund and you won't have to worry about someone taking it away from you. Go to your employer's HR or payroll department and ask for a new W-4 form (and whatever the state equivalent is) and increase the number of withholding allowances you claim so that you pay roughly the amount of tax you really owe instead of having too much tax taken out of your pay every week.
Wiki User
∙ 15y ago
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If my husband owes back child support for his son and they take our tax refund is there a way to get my half?
File seperatly
If your husband owes child support and you file taxes together will your refund be garnished?
More than likely, yes.
Can a separated husband sign his wife's name on tax refund check and keep the refund?
yes, but it is illegal
If your husband owes the IRS money but you are separated will they still take your refund?
yes because your still married to him
Can a collection agency take your IRS refund?
They won't get it from the IRS....except for something like child support.
Can state withhold federal tax refund for back child support?
Yes. My husband and I filed our federal refund jointly (mind you he was behind 3K on child support) and they took it all of what he owed. BUT, I went back and filed out an 'Injured Spouse Form' to get back what i earned.
Why would they only take part of a federal refund but take the state refund as well for back child support?
Was an Injured Spouse form filed?
How can an injured spouse get the couple's entire refund back if it was offset for back child support?
The injured spouse may or may not get back the entire tax refund. They will have to file an injured spouse tax form (Form Number 8379). The IRS will figure the amount of the tax refund which would be allocated to each spouse and that percentage will be refunded to the injured spouse. If the spouse with the debt was the only one working, the injured spouse will get little or none of the refund back. It all depends on the return and their situation.
Why hasn't IRS released your child support that was deducted from your husband s tax refund?
It can take up to six months to receive in order to allow for the filing of an Injured Spouse Form if the obligating parent is remarried and filing jointly.
Would your income tax get taken from you to pay for your husbands backed child support?
If you filed jointly and your tax refund was intercepted, you will have to file an injured spouse claim to recover your share of the refund.
How can you stop child support from taking your fed taxes?
If your Spouse is Injured or you are You may Qualify for a Injured Spouse File through Your Tax return, Then You cant get your money taken. H&R Block just did it for me and My Wife . They cannot touch our refund Cause my Wife is Injured for the rest of her life so By filing Injured spouse that is stating She needs all the money due to her Injury. Call H&R Block they will confirm it. Im Behind a little on Support and We filed Injured Spouse and They didnt take a single dime..Atleast Im Using some of the refund to catch up though.... **SEE BELOW** "Injured spouse" does not refer to a disability. The spouse is "injured" when a Federal income tax refund is intercepted due to a debt owed by the other joint filer. The injured spouse can get his/her part of the refund back.
If my husband owes back child support for his son and they take our tax refund is there a way to get my half?
File seperatly
If your husband owes child support and you file taxes together will your refund be garnished?
More than likely, yes.
If you owe child support will you get presidents refund?
No, the state will take it for back child support. If you are not behind in your support payments, you might get the refund.
Is it legal for your spouse's taxes to be ceased when you owe back child support?
"seized" ... Your spouse should file an Injured Spouse form w/the IRS to recover his/her share of the tax refund.
If you are in default on your student loan and you file taxes with your husband can they still take your tax returns?
Yes, and an injured spouse can have their portion of the offset tax refund given back to them. Keep in mind that you are legally obligated to file your taxes even if you expect to have your refund offset. Contact the IRS for more information.
Can a separated husband sign his wife's name on tax refund check and keep the refund?
yes, but it is illegal
