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Old 02-24-2011, 10:37 PM
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Join Date: Feb 2011
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Question About injured spouse

My husband works and I stay home to take care of our 3 and 4 year old children. We reside in California which is a common property state. Last year we both worked and I filled out an injured spouse form because he owes back child support for a child from a previous marriage. Part of our return was offset and we still received a portion of the return.
My question is even though I did not work this year we filled a joint return and filled out an injured spouse form. Will we still receive a portion of the return? Wouldn't we still get our child tax credit because these are "my" children and I owe nothing for his previous children? Would they take my kids child tax credit and give it to some other children depriving them?
Any insight into this issue would be appreciated. Thank you.



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Old 02-26-2011, 06:11 PM
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“My question is even though I did not work this year we filled a joint return and filled out an injured spouse form. Will we still receive a portion of the return?”--->No; to file an Injured Spouse Claim, you need earned some of the income shown on your joint tax return. This could be money from your job or business as a self employed and aslo you need to pay part of the taxes shown on your joint tax return. If your income for the tax year in question is $0.00, then your "share" of any refund is also $0.00. Remember: For this purpose, food stamps, TANF, and child support are not income. Neither are SSI, SSDI, GA, or social security retirement benefits. This can be federal income tax withheld from your paychecks or estimated tax payments. Or you should be entitled to a refundable credit such as the Earned Income Credit or Additional Child Tax Credit.
“ Wouldn't we still get our child tax credit because these are "my" children and I owe nothing for his previous children?”---->Yes. As long as you meet the criteria to claim child tax credit.
Please visit the IRS website here; Ten Facts about the Child Tax Credit
“ Would they take my kids child tax credit and give it to some other children depriving them?”---->No; child tax credit is not subject to child support garnishment; the credit reduces federal income tax by up to $1,000 for each qualifying child under the age of 17.If the credit is a higher amount than the tax due, you may be able to claim an additional child tax credit.



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