Any forms, phone calls, etc to gain the portion of the jointly filed tax return owed the spouse who is not on the hook for the support payments?
May not matter but they are Jersey residents.
2007-08-24 05:28:36 · 7 answers · asked by gatewlkr 4 in Business & Finance ➔ Taxes ➔ United States
a form of some sort does exist I am just having a hard time tracking it down.
2007-08-24 05:40:12 · update #1
You can file an "Injured Spouse" form.
It is Form 8379 (I think).
You can file it separately from the return. You need not amend the original. If approved, the IRS will send a portion of the money in about 10-12 weeks.
2007-08-24 05:56:32 · answer #1 · answered by Wayne Z 7 · 2⤊ 1⤋
The spouse who was NOT responsible for the debt should file an injured spouse form - see http://www.irs.gov/pub/irs-pdf/f8379.pdf for the form and instructions. Then only the part of the refund on a joint return that is due to the person who actually owes the debt will be taken.
You can also file as married filing separately, but depending on circumstances that could cost you quite a bit in extra taxes.
2007-08-24 15:11:31 · answer #2 · answered by Judy 7 · 1⤊ 0⤋
Yes they can do that,there isn't much you can do about it. The state wants to be paid back for the money they spent for your child's birth. The father of the child is responsible for that. They will get the money anyway they can,tax refunds are one of their favorite ways of collecting. The fact that you are now married to the father doesn't mean anything,he is till responsible to repay the state. It isn't right,especially when you were making the agreed upon payments on time,but it is their right to do it. I had my refund taken for years for my ex's bills to the state for his child. I was finally made aware of a form to fill out so my part of the refund wouldn't get taken to pay his bill. The child support system is grossly flawed. Some get away with it while those who are honestly trying get screwed.
2016-04-01 12:50:20 · answer #3 · answered by ? 4 · 0⤊ 0⤋
File separately or ask about filing as an Innocent Spouse. My daughter had to do that. It may not be too late to file an amended return, but that is why there are tax offices to talk with. Contact the nearest IRS office and get the ball rolling.
2007-08-24 05:41:45 · answer #4 · answered by Tom 6 · 0⤊ 0⤋
If it's a joint return, then joint refund can be taken. If spouse filed as married filing separately then legally the refund should not have been intercepted.
2007-08-24 05:44:05 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I use to live in N.J. and it's a tough state when it comes to child support. I have seen a judge combine the income of a married couple and have a percent taken from that for child support.
The best thing to do is hire a lawyer even if it's just for a consultation. You need all the legal info you get.
Good luck
2007-08-24 06:44:11 · answer #6 · answered by catlady 6 · 0⤊ 1⤋
nope, next year file seperately
2007-08-24 05:37:34 · answer #7 · answered by Anonymous · 0⤊ 1⤋