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Old 02-27-2013, 05:32 AM
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Complicated..

My husband and I are common law married in the state of TX. I did NOT work in 2012. I had our son on 3/15/12, and I am a house wife. Now, my husband owes almost $5,000 in back child support. We have had payments adjusted so we pay more each moth towards what is owed. My question is, if we file our taxes will his ex get the refund for my son? Or am I entitled to something?



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Old 02-27-2013, 05:53 AM
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“My question is, if we file our taxes will his ex get the refund for my son? Or am I entitled to something?”===============> Yes! According to Federal law, if a parent is behind in paying child support your state’s child support enforcement office can seize the parent’s income tax refund and apply it to any child support arrears.If your ex-spouse has remarried the only portion you will get from a tax return will be the portion based on his/her income. Your state’s child support enforcement office will hold your ex’s tax refund for six months. This gives his/her new spouse, you, the opportunity to file an “injured spouse” form with the IRS. If you don’t file the injured spouse form, the entire refund will go toward any child support arrears. An injured spouse can get relief when the IRS withholds a joint refund due to debts or obligations of the other spouse. Verify that you filed a joint return with your spouse.Determine that the IRS has withheld or will withhold a tax refund because your spouse is past due on payments such as child support or other federal or state debts. Obtain Form 8379.Allocate income, adjustments, deductions and credits between yourself and your spouse in Part 2 of the form.Send Form 8379 to the IRS, either with the joint return or separately after the joint return has been sent.



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