filiing taxes?

Question

I owe child support for kids outside of my marriage my wife is planning to file her taxes in a few days, can her taxes be taken because of my child support? If so is there a way that she can go around it

for all you ignorant people who say just pat your support I am paying my support but with a support of about $600 dollars a month and buying the kids cloths and other things not including my own bills it gets a little hard

Answer 1

If she is filing separately from you then no, her refund would not get taken for your back child support.
If you are filing a joint return, then she would want to file an Injured Spouse Claim so that she would get her portion of the refund
http://www.irs.gov/pub/irs-pdf/f8379.pdf

Answer 2

If you and your wife are filing a joint return then the full refund amount is 'at risk' of being taken to pay the back child support. The only way not for her tax refund to be 'garnished' is for you two to file Married but Filing Seperately. While this will increase the tax liability for you both it may be that the end total refund amount received is higher.

I have two suggestions.

1. Calculate your taxes as filing jointly to determine the refund amount and then substract from that any back child support owed. Then Calculate your taxes filing separately and subtract from any refund only you receive the back child support. Then file with the highest return to you.
2. Get straight on your child support. I have no sympathy for any one who owes back child support and does make any and all efforts to get it paid. The mother of your child has had to face the financial burden of your children while you have not.

That being said, I also am a firm believer that you a 'new spouse' should not have to bear the burden of someone else's children. Thus the reason I outlined ways to determine how your new wife would not have to bear this burden.

Good luck

Answer 3

If you file a joint return, she must include an Injured Spouse Allocation form with the return to protect her share of any refund. This must be attached to the return to ensure timely processing so do NOT e-file the return, file a paper return.

If you file separate returns, her refund will be protected automatically, however you will probably pay much more in taxes that way.

Answer 4

It depends to what extend they are trying to get the child support money from you. If your wife is filing a separate return from you - then I don't think they can take her money. If you file a joint return, you'd need to include an "injured spouse" form (form 8379) so that any money taken for back payment will not come from her portion.

Answer 5

Not sure what you're asking.

Are you asking if she has to pay taxes on child support payments?

Are you asking whose allowed to claim the kids as dependents?