How much of my refund will I get back if my spouse has an offset due to back child support.?

Question

I got married in 2007 and I was the only wage earner in our family. My new wife is a stay at home mom, however she has a back child support debt. I called the IRS to find out if there was an offset in place for her debt. They confirmed that there was. I just want to know how much of my refund I will get back once I file and submitt the Injured Spouse form with our joint return.

Answer 1

v b's answer is best. If you aren't in a community property state and file the injured spouse form, you'll get all of your refund. But in a community property state, you wouldn't, you'd just get half.

Answer 2

If you file separately you will get your entire refund. However you will probalby pay much higher tax that way. You'll also lose out on the EIC, education credits, and some other credits and tax benefits as well.

If you file jointly, attach Form 8379 to your PAPER return. Don't e-file, it gets messed up too often. That's the Injured Spouse Allocation form. The IRS will then pro-rate your refund, based upon the proportional income you each reported and the laws of your state.

Answer 3

With the injured spouse form you are asking the IRS to allocate the refund on the joint return to each of you.

If you live in a community property state, even if she doesn't work, half of any refund based on withholding is hers.

Answer 4

the first year that you are married then you have to file joint if this is the second year filing then you can file seperate. if she owes alot then they can and will take whatever she owes till it is paid off and that sucks to be you guys this year!!!!!!!!

Answer 5

they will take whatever is due if your refund is that much, if it isn't, they will take all of it, best bet, file seperate returns