I live in Wisconsin, I file as injured spouse because I am not liable for my husband's debt. I am the sole income provider, but we also have children that we claim as dependents and get earned income credit. Does the refund get split or will it all come back to me since I am the only one with an income?======>In general say , you file a joint return and all or part of your refund is applied against your spouses? past-due federal tax, state income tax, child or spousal support or federal nontax debt, such as a student loan, you may be entitled to injured spouse relief;
You can get your part of the refund
If you live in a community property state, special rules apply It's actually kind of complicated, but the bottom line is that if you are both wage earners (working for someone) and the refund is from overpayment of withholding on your wages and your spouses wages, then all of it is applied to your separate tax debt.
It depends on:
1. The percentage of taxable income each of you had in the refund year.
2. The source of your wife's income.