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Old 01-28-2009, 07:04 PM
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Child support garnishment for spouse

I am no longer living with my spouse and will be filing as head of household this year. In the past, we had our refunds garnished becaase he owed back child support. If I file as head of household, will my refund be still be garnished for his debt? I live in a community property state.



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Old 01-28-2009, 08:09 PM
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I don't think that you would be subject to any garnishment due to your spouse's prior obligation despite living in a community property state in this instance as you have separated. I really don't think that the IRS would really be after you for any child support that is owed to you!

You will definitely get a favorable tax treatment by filing as Head of Household, not only will you be entitled to a higher standard deduction $7,850 for your 2008 tax return, but you will also get the benefit of being able to claim the child tax credit and possibly even qualify for the earned income tax credit!

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Old 01-28-2009, 08:54 PM
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thanks

Thanks for the input. I was thinking the same thing. The back child support is actually form a previous spouse but it's been garnished out since we were first married. I really don't want to pay for his garnishment on my tax return!



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