My husband owes a ton of money in child support and we just got married in april. He has been paying on time and also on his back pay . I worked and he worked too. I was wondering if they can take all the money if we file together or if we have to file seperately every year? anyone know? Thanks.
2007-12-27 08:31:24 · 4 answers · asked by s_gomez_23 2 in Business & Finance ➔ Taxes ➔ United States
File in whatever way gets the biggest refund, or lowerst balance due. If you file jointly, then you need to file an Injured Spouse form along with the return. In this instance, you are the 'injured spouse' indicating that you will be financially injured because they could take your money against his debt. It's a fairly easy form. The most frustrating thing about it is that it doesn't tell you on the form how much to expect back - this is done by the IRS using a 'secret formula'. Not so secret, but also not something they advertise. You'll get some of your refund. but you have to take their word for it that you got the right amount. Everything else will be take for child support.
The other option, which some people actually do, is to just let the IRS keep it and help to pay off his debt. NO, you don't owe it, but now that you're married, sometimes it's best to just get it over with and get it paid off so that it's not hanging over your heads.
Kudos to him for paying on time and making those back payments now. Congrats on your marriage. This might be the year to find a tax professional you trust - at least to double-check the return. Most will check it for theory problems for around $30, well worth it if it keep you out of trouble or gets you more money back.
2007-12-30 23:31:08 · answer #1 · answered by Katie Short, Atheati Princess 6 · 0⤊ 0⤋
Officially, do your taxes both ways (MFJ or 2 MFS returns). See what costs the least amount of tax overall. If they come out the same, file MFS. (No delays)
If this is the MFJ return, file with an injured spouse form. The IRS will allocate the refund into your share and his share. His share goes to child support. Yours is refunded to you. (Add 6-8 weeks for processing the 8379 form.)
It slows down the debt payment if you take your refund, but you are legally allowed to do it.
2007-12-27 16:37:41 · answer #2 · answered by Anonymous · 1⤊ 0⤋
You could file a Form 8379 (Injured Spouse) with your return. The IRS will divide up your joint refund, seize his, and send you yours. I will take a while to get (12 weeks or so) but you will get it.
Or....you could help him get caught up on his support and you never have to worry about this again.
I won't lecture you on marrying someone who dodges his responsibilities. I have a feeling that you will learn soon enough...........
2007-12-27 16:35:59 · answer #3 · answered by Wayne Z 7 · 6⤊ 0⤋
Figure out the taxes both ways (jointly & separately) then decide whether or not you need to file the "displaced spouse form"
2007-12-27 16:49:24 · answer #4 · answered by Gem 7 · 0⤊ 1⤋