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.
File seperatly
More than likely, yes.
yes, but it is illegal
yes because your still married to him
They won't get it from the IRS....except for something like 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.
Was an Injured Spouse form filed?
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.
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.
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.
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.
File seperatly
More than likely, yes.
No, the state will take it for back child support. If you are not behind in your support payments, you might get the refund.
"seized" ... Your spouse should file an Injured Spouse form w/the IRS to recover his/her share of the tax refund.
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.
yes, but it is illegal