My husband has a 16 y/o child with his exwife. We were married August of 2006. Claiming married filing jointly this year. His Tax return is withheld for back child support due to the x. When I calculated his seperate than mine he owed 600 dollars, when I calculated them together, we get back over 1600. So how do they calculate which portion is due back to us and what goes to the xwife? Me filing by myself I only get 400 dollars. Any help would be appreciated. Also how long does this process take once they get my forms?
2007-02-22 15:17:22 · 4 answers · asked by triciapiedra 2 in Business & Finance ➔ Taxes ➔ United States
I do live in Texas which is a community property state.
2007-02-22 15:39:21 · update #1
You can file a joint return and include a form 8379 with it that will let you claim your portion of the refund as an "injured spouse." You may be limited in your filing options... don't know whether they will require you to mail the return in, or if they'll let you e-file with that form in there. If you can e-file it, you should hear something in about a month. Those returns require more processing and take longer.
That way, you get the benefit of filing a joint return and probably a larger refund overall, the child support will come out of his part of the refund, and you'll get your "piece of the pie."
2007-02-22 15:31:48 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You should file the 8379 with a paper return. It takes about 8 - 10 weeks to process. If you e-file and follow up with the 8379, you may have to wait several months to see your money.
The IRS pro-rates your refund unless you live in a communitiy property state. If you're from a community property state, you'll get half of the total refund regardless of any proration.
2007-02-22 15:37:59 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Sounds like you married a real winner. You can file injured spouse and the IRS will determine how much of a refund you will get. Allow up to 12 weeks for processing of your return.
2007-02-22 23:36:31 · answer #3 · answered by mrfoxhorn 5 · 0⤊ 1⤋
They will prorate the tax liability based on the ratio of your income versus his. Then they consider your withholding versus his in determining what the share of his refund is versus yours. You should file the injured spouse form along with your return.
2007-02-22 15:28:19 · answer #4 · answered by jseah114 6 · 0⤊ 0⤋