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My husband and I filed together but he owes child support and that means both of our earnings will go to his ex. How do I make an adjustment so I can recieve my income tax refund instead of having my half sent to her as well? We just recently found out I can still have it adjusted from the Child Support Office but does anyone know which form it is or where I maybe able to find it? Any other helpful information will be gratefully appreciated..

2007-08-28 14:10:12 · 4 answers · asked by dulcitamija 1 in Business & Finance Taxes United States

Oh yes I am aware that we need to file married filing seperate from now on..

2007-08-28 14:10:48 · update #1

4 answers

No you don't need to file as married filing separately. But if you file a joint return, you need to file an injured spouse form to show the split of the refund - his part will still be taken, but yours won't. The injured spouse allocation form is form 8379, and you can download it at irs.gov .

You can also avoid the problem by filing separately, but that will most likely cost you more in total taxes between you. It might only be a few dollars, in which case it might be worth it to avoid having to do the injured spouse form, but it might be a large difference.

2007-08-28 14:17:04 · answer #1 · answered by Judy 7 · 2 0

filing separately is the only thing I can think of. BUT you may end up paying more income tax than you're losing in the refund, because you'll be in the most expensive tax category (M-File Sep). File jointly, just adjust both of your W-4 withholdings so you break even at the end of the year - your weekly take home pay will increase (which should not affect child support) and you won't have any refund to lose. Just put the extra take home pay into savings immediately each week if you're used to having a lump sum to play with come tax time. If you want me to help you tweak you W-4's/take home pay - contact me - Bob

2007-08-28 14:20:01 · answer #2 · answered by Anonymous · 0 2

Form 8379 - Injured Spouse

You can mail it separately from the return and, assuming the IRS approves, you should get your money in 12 weeks or so.

Going forward, if you file the 8379 with your return, you will have to mail your return in.

2007-08-28 14:48:39 · answer #3 · answered by Wayne Z 7 · 1 0

It's really easy to call your IRS office. Find the number on the net and call while tax season doesn't have them all tied up. They will talk to you and get the right form for you. good luck. I never heard of this but maybe each state is different.

2007-08-28 14:15:47 · answer #4 · answered by MISS-MARY 6 · 0 1

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