What would you like to do?
Will my tax return get garnished for unemployed husband's back child support... Can we file jointly and me fill out an injured spouse form?
If a father of a child gets married and owes back child support can the new spouse be obligated to pay back back his child support in Texas with income tax refunds?
If you file joint and your tax refund gets intercepted, then you would have to file a "wounded spouse" form to get your portion of the refund. But beware, the child supp…ort office could hold the refund up to 6 months to clear all the paperwork before you get anything back.
I presume you mean your return showed a "refund" of 1079. Presuming your back child support is in their system, and it is more than the refund, the entire refund wi…ll be applied against it. Any reason it shouldn't be?
No, but arrears can affect her credit and joint assets. see links below
You can get copies of tax forms in several ways. One, print them on-line at the Related Link below by clicking on 'Form and instruction number'. Two, request them by telephone… at 1-800-TAX FORM (1-800-829-3676). You'll receive them by mail usually within 10 business days. Three, send a request by mail to the Internal Revenue Service, 1201 N. Mitsubishi Motorway, Bloomington IL 61705-6613. You'll receive them by mail usually within 10 business days. Four, pick them up at post offices or public libraries during tax season January-April or at your local IRS office.
No Benefits and refunds payable by pension or retirement funds are exempt and not subject to deduction orders. 735 ILCS 5/12-804. See also the exemptions listed in the section… below for non-wage garnishments. 735 ILCS 5/12-1006 exempts a debtor's interest in pensions, annuities, benefits, distributions, refunds of contributions or other payments under certain retirement plans. Compare to 735 ILCS 5/12-704 which exempts from garnishment benefits and refunds payable by pension or retirement funds and any assets of employees held by such funds. Cf. MacKey v. Lanier Collections Agency, 486 U.S. 825 (1988).
No. However, if you file a joint tax return with your new wife, she might have to file an Injured Spouse claim with the IRS to recover her share of any tax refund.
Go to the Internal Revenue Service web page and use the search box for form 8379 go to page 2. Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax re…turn when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund. Are You an Injured Spouse? You may be an injured spouse if you file a joint tax return and all or part of your portion of the overpayment was, or is expected to be, applied (offset) to your spouse's legally enforceable past-due federal tax, state income tax, child or spousal support, or a federal nontax debt, such as a student loan.
There are programs in force that wll direct your refund to be applied to your back child suppport..hard to tell if your on the list of one. Of course, it's what you would want… done with that money anyway isn't it... Child support is one of those things that all systems are being alerted to and you can expect to receive nothing from governments, and find easy garnishments placed and judgments supported until they are paid in full
The obvious answer is to ask your spouse. If that is not an option, have your divorce attorney ask your spouse's attorney. You can call the IRS and ask them if by any chan…ce a joint return has been filed with your name on it, but they won't tell you if your spouse filed a separate return. If none of that works, file a separate return (married filing separately, not single). If civil relations are ever restored with your spouse, you can talk about matters and file an amended return later.
Child support payments would NOT be reported on your income tax return as taxable income.
If you owe back child support then both state and federal taxes can be intercepted.
Uh, pay the child support or back taxes.
Filing a joint tax return should not increase or decrease a child support obligation.
In Tax Forms
You file Form 8379 to keep your share of your Married Filing Jointly refund from being applied (offset) to your spouse's legally enforceable past-due debt. Part I (Should y…ou file this form?) asks 9 yes/no questions to determine if you are indeed an injured spouse and to direct the IRS in determining your accurate share of the joint refund. You're an injured spouse if you answer Part I as follows. Question 2 : yes, you're filing a joint return. Question 3 : yes, the IRS is using your joint refund to pay any of the listed past-due debts. Question 4 : no, you're not legally obligated to pay these past-due debts. Question 5 : if you're a resident of a community property state, check yes and then go directly to Part II. If not, check no and go to Question 6 . Question 6 : if you had income tax withheld or made estimated tax payments, check yes and go to Part II. If not, check no and go to Question 7 . Question 7 : if you had earned income (wages/salaries/self-employment), check yes and go to Question 8 . If not, check no and go to Question 9. Question 8 : if you claim earned income and/or additional child tax credits, check yes and go to Part II. If not, check no and go to Question 9. Question 9 : if you claim a refundable tax credit (health coverage, prior year minimum tax, etc.), check yes and go to Part II. If not, check no, and don't file this form; you're not considered an injured spouse. Part II is Information about the Joint Tax Return for which this Form is Filed. On the 2 lines for Line 10 , enter you and your spouse's first name/initial/last name as shown on your tax return. Also enter your social security numbers. Enter on the first line of Line 10 the name and social security number of the spouse listed first on your joint tax return. On the line with your name, check the box for Injured Spouse. Only check the box on Line 11 if you're divorced or legally separated from your spouse and want your refund issued in your name. Only check the box on Line 12 if you want your refund mailed to a different address from the one on your joint return. If Yes, then give the address on the line provided. Part III is Allocation between Spouses of Items on the Joint Tax Return. For lines 13 through 20 you're filling in 3 columns for each line. Column A is Amount shown on joint return. Column B is Allocated to Injured spouse. Column C is Allocated to other spouse. For example, for line 19 Federal income tax withheld, enter the amount that's listed on your joint return. In Column B , enter only the amount that was withheld from your income sources. In Column C , enter only the amount that was withheld from your spouse's income. Part IV Signature is only filled out by you if you're filing Form 8379 separately from your tax return. The IRS figures the amount of the refund due to the injured spouse based on the information provided on Form 8379 .
That cannot be done in any state, but in California, 20% of the income of your new spouse/SO can be used in a child support modification. see link
You should speak with your State's Child Support Enforcement Agency (the official name of that agency varies state to state, but it's usually called something along thos…e lines).
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?
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 stat…e, 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.