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How can an injured spouse get the couple's entire refund back if it was offset for back child support?
Wiki User
∙ 9y ago
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.
Wiki User
∙ 9y ago
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Can a nonobligated spouse's federal taxes be offset due the other spouse indebted child support?
No. The spouse should file an "injured spouse" form with the IRS.
Can you be held responsible for your spouse's student loans?
No. You're protected by "injured spouse relief." If you've filed a joint return, you can get back your share of the offset refund by filing Form 8379 [Injured Spouse Allocation].
How do you file as an injured spouse on taxes?
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 return 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.
Can only child support be garnished from retirement accounts?
No, Federal and State taxes can also be offset.
Is it legal for your present spouse's taxes to be ceased if you owe back child support?
Yes. 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 return 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. 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.
If husband made no money and it is obvious on tax return but there is still a tax refund due to spouses taxes paid does IRS have the right to send that to husbands back child support?
Yes unless the injured spouse files the IRS form 8379 to claim her share of the MFJ income tax return 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 return 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.Click on the below Related Link
Are you responsible for paying your husband's taxes from a prior year before you knew him?
No. 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 return 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.
How do you fight the IRS for refund that has been held for spouses back taxes?
Go to the IRS gov web site 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 return 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.Click on the below Related Link
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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.
Reference number 1201 with regards to the IRS?
1201 is usually an offset due to owing back taxes, child support......etc.
How long does it take if you have a federal offset due to child support to get your taxes back?
As soon as it's paid off it reverts back to you.
