Friday, August 20, 2010

My husband owes child support will it be deducted from our tax return?

My husband is behind on child support payments. We have filed a joint return and I want to know will the balance of his child support be automatically deducted from our income tax return?My husband owes child support will it be deducted from our tax return?
go to the irs web site and read the @ www.irs.com Topic 203 - Failure to Pay Child Support, Federal Non鈥揟ax and State Income Tax Obligations you can file an INJURED SPOUSE and may get your part of the refund back hope this helpsMy husband owes child support will it be deducted from our tax return?
The IRS can keep your entire refund for this, depending on the amount. I KNOW that the state of Virginia will keep the entire refund for arrearages. Good Luck
Most likely yes.
Yes, the entire refund is subject to capture, however you can protect your proportional share of any refund by filing Form 8379 with your joint return.
Your tax refund is a gonner, but that means you owe less than you did before. Plus it's going to support his kid!
If you worked and part of the refund was considered yours, you need to file as an injured spouse. This would take longer but basically the IRS will determine which portion belonged to you and then refund it to you and keep your husbands portion for child support. If you did not work or have any income then no portion of the refund would be considered yours, and all would be applied to child support.
yes
Yes, it will be. Thankfully the child will be taken care of for wonderful rules as this!
It depends what State you're in. I know quite a few men in California that haven't had their tax refund garnished to pay for their back owed child support.
If he is really behind, it will most likely be deducted. Also, was it deducted last year. The government is getting tough on this issue.





Good question.
It depends on how much he owes in arrears. If he is over $500.00 behind then you should have gotten a letter saying that he was reported to the IRS for income tax interception. If he is not that far behind then they won't touch it. But if they are going to take it, then they will take what the child support agency asked for, and then send you the rest of your tax return money. If a substancial portion of the tax return is your income then you can file an injured spouse claim 8379 so that the child support office will not take your share of the tax return. Even if you already filed your taxes, you can still submit the form by itself. The IRS will hold any offset for at least 3 months before they release it to the child support office, just in case you file an injured spouse claim. The IRS will not hold any extra balance that is not being sent to child support they will send that back to you almost immediately.

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