me and my husband have been toghther for 3 years and last year we had a child toghther ..he has 6 other children that he pays childsupport for and we were wondering if we file a joint return and he claims our daughter if the child support will take his whole refund and leave us with nothing??? since we r married he doesn't pay me child support ....can someone please help me to know if they can take it all and leave us with nothing at all????
2007-02-09 05:59:01 · 11 answers · asked by Shanna S 1 in Family & Relationships ➔ Marriage & Divorce
They will take whatever he is behind if there is an order to garnish his taxes. The only way around it is if you have an income and they will let you file injured spouse to receive your portion of the return based on how much of your combined income is yours.
It sucks but that is life. My husband and I had a child and every year we are behind his ex gets our refund for what he owes even though most of it is credit for our new son. Just be thankful it is going to be paid off with tax credits and you dont have to worry about it anymore. Just dont think about it too much and get it over with. It is hard at first, but one day you may be thankful that is a way to get support for YOUR child.
Also - DONT FILE SEPERATELY.. you will not qualify for the Earned Income Credit if you do. If you are married, you have to file TOGETHER to qualify.
2007-02-09 07:18:35 · answer #1 · answered by Tink 5 · 0⤊ 0⤋
Your viewpoint is too biased to be accurate. You have no idea how much it takes to raise a child. Being behind in support payments is not ok. Who eats when your man doesn't pay? Do they go hungry or does his ex wife pick up the slack and make sure the kids are taken care of? I would say you are not in a position to ask for custody, apparently you can't support yourself (if you can't make support payments) and should think about trimming back your lifestyle. The only person who can make those changes is a judge and if you don't have money to pay child support you shouldn't be spending it on legal assistance just to get out of the payments. You sound like a bitter girlfriend who wants to get more out of her "man". She has no right to withhold the children from him regardless of the child support situation. If that occurs all he has to do is contact his local police, show them the order of visitation and go pick the kids up. Poster: I know exactly how it is. I'm the ex-wife who knows how to handle her money and my ex is constantly complaining because he has none. You aren't eating but you have a computer with internet service. If that's from home then you need to start selling things or get a job. If it's at work then you have a pretty good job and need to feel lucky. If it's at the library and you're not working, maybe you need to get a job or maybe it's time for your man to get a second job. Bottom line, the children shouldn't have to suffer because you live above your means.
2016-05-24 01:53:57 · answer #2 · answered by Dawn 3 · 0⤊ 0⤋
There is a way around having your part of the refund tapped into. You need to talk to your tax preparer about "Innocent Spouse" filing (form 8857). This way only his portion of the refund would be subjected to garnishment and you will still get the benefit of filing jointly.
2007-02-09 06:05:24 · answer #3 · answered by boredperv 6 · 2⤊ 0⤋
If he owes back child support they will take the whole refund to pay it up to date it doesn't matter if you are married or not.
2007-02-09 06:26:38 · answer #4 · answered by christina c 3 · 1⤊ 0⤋
The funny thing about child support is that who ever is paying the child support, gets taxed for it, and who ever is receiving the child support, does not have to claim the extra income on their tax return???? True, I know,,,,,,,,,,
2007-02-09 06:07:21 · answer #5 · answered by Anonymous · 0⤊ 1⤋
You need to file an INJURED SPOUSE CLAIM (that's just the name of it.)
Means your not responsible for his debt. You will be entitled to 50% of the refund.
2007-02-09 12:25:19 · answer #6 · answered by Akida 4 · 0⤊ 0⤋
Im not clear on what you are asking but if it what i think heres my answer....
If he is paying child support and has no arrearage, they cant touch is taxes.
2007-02-09 06:05:24 · answer #7 · answered by chaa107 2 · 1⤊ 0⤋
They will take the whole thing and sort it out later. File separately.
2007-02-09 06:03:16 · answer #8 · answered by janicajayne 7 · 1⤊ 1⤋
Of course someone like "boredperv" would find away for deadbeat dads to weasle out of paying. BTW the IRS can do pretty much whatever they want....
2007-02-09 06:32:12 · answer #9 · answered by sacredfaerie 1 · 0⤊ 2⤋
maybe he should pay his child support all year you wouldnt have to worry
2007-02-09 06:05:12 · answer #10 · answered by Anonymous · 2⤊ 0⤋