My husband and I filed a joint return, it has been taken because he owes past due childsupport. He was injured several years ago and has not worked since 2002. We live in a community property state (TX) will I get any of my refund? The majority of it was Earned Income Credit for my children.
2007-02-23 16:18:21 · 5 answers · asked by Sam 1 in Business & Finance ➔ Taxes ➔ Other - Taxes
Call the Irs to get the right answer. Each case is different. The number is 1-800-829-1040.
Or you can call the automated number 1-800-829-4477 and see if it will tell you what you will get back.
2007-02-23 16:28:36 · answer #1 · answered by Anonymous · 0⤊ 1⤋
tma is right on the mark with the Injured Spouse Allocation. You can still file that for this year and any prior years where your refund was captured. You should file the ISA with your paper tax return and mail it in. Although after-the-fact ISA filings are possible, you will be facing MAJOR delays in getting your money, often many months.
Since you are in a community property state, the IRS generally will not allocate your refund based upon your income and withholdings; you will get half of the refund amount since you're in a community property state. In communitiy property states, income and tax liability is shared equally regardless of which spouse actually earned it.
2007-02-24 10:01:17 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
If you already have the information that your refund has been taken for child support, then no, you will not be getting a refund. In future years, file an Injured Spouse allocation with your return. the IRS will decide how much of the refund should be returned to you and how much will go to child support.
Your living in a community property state is also considered by the IRS, which means that the refund may be split even though only one of the spouses is responsible for the refund.
2007-02-24 00:49:37 · answer #3 · answered by ninasgramma 7 · 2⤊ 1⤋
You need to file Form 8379, Injured Spouse Allocation. You are considered the "injured spouse" since your husband has the outstanding debt. You would be entitled to your portion of the refund. This form must be mailed in. It may take up to 8 weeks to receive the refund.
http://www.irs.gov/pub/irs-pdf/f8379.pdf
2007-02-24 02:41:42 · answer #4 · answered by tma 6 · 1⤊ 0⤋
Contact the IRS.. there is an injured spouse clause.. I don't know if it applies in this situation, but it might.. in the future.. file "married filing seperately"
2007-02-24 00:24:38 · answer #5 · answered by limgrn_maria 4 · 1⤊ 2⤋