View Full Version : Can They Take Back Child Support from a Federal Tax Refund?


spoiled210
02-04-2011, 06:20 AM
I just got my taxes back and I live in NY I got about a thousand less than what I was told. Does anyone know if they can take owed child support out of federal taxes? He owes back child support of his first two children that arent mine. It has all racked up since he has been locked up.

myfreedom2010
02-04-2011, 06:26 AM
I just got my taxes back and I live in NY I got about a thousand less than what I was told. Does anyone know if they can take owed child support out of federal taxes? He owes back child support of his first two children that arent mine. It has all racked up since he has been locked up.

Yes they can take his tax return for back child support....

spoiled210
02-04-2011, 06:34 AM
i knew they could take state just wasn't sure if they could federal. Knew they were gonna take it out its not a surprise I'm not mad or anything like that. I love his boys as they were my own. Just wasn't sure about them taking it out of federal or if there was another reason my return wasn't as much as i was told.

conager
02-04-2011, 09:09 PM
Not only can they take the money for back support (and as you have learned, they DO) but there is a way to file an injured spouse form for your 1040s. The IRS is mindfull that back support can take a large chunk of the return, and (if the paperwork is filed correctly) will give the injured spouse a larger refund than would have been available to the household if the injured spouse forms were not filled in. Look up injured spouse on irs.gov for more info. Also, if you live near a field office, get form 8379.

(I prep taxes for Jackson Hewitt....)

JaneD
02-07-2011, 11:46 AM
Not only can they take the money for back support (and as you have learned, they DO) but there is a way to file an injured spouse form for your 1040s. The IRS is mindfull that back support can take a large chunk of the return, and (if the paperwork is filed correctly) will give the injured spouse a larger refund than would have been available to the household if the injured spouse forms were not filled in. Look up injured spouse on irs.gov for more info. Also, if you live near a field office, get form 8379.

(I prep taxes for Jackson Hewitt....)

I filed "injured spouse" last year because my husband owes back student loans. It took a while longer to get my refund because the IRS has to calculate how much of the total refund was mine versus how much was hubby's - but at least I got a refund. It just sounds funny to ask to file as an "injured spouse". :)

myfreedom2010
02-07-2011, 11:49 AM
Not only can they take the money for back support (and as you have learned, they DO) but there is a way to file an injured spouse form for your 1040s. The IRS is mindfull that back support can take a large chunk of the return, and (if the paperwork is filed correctly) will give the injured spouse a larger refund than would have been available to the household if the injured spouse forms were not filled in. Look up injured spouse on irs.gov for more info. Also, if you live near a field office, get form 8379.

(I prep taxes for Jackson Hewitt....)

There is also "innocent spouse relief" as well....

Kayla28
02-26-2011, 09:27 PM
what is an innocent spouse relief?

myfreedom2010
02-28-2011, 09:06 AM
what is an innocent spouse relief?

Here is the link - it is when a spouse can file relief from the IRS from any taxes their spouse owes due to financial situations - like mine was embezzlement and my husband at the time filled this to protect him from owing taxes....

http://www.irs.gov/individuals/article/0,,id=129862,00.html

tinymom
02-28-2011, 09:51 AM
If child support if being paid directly to the Department of Health & Human Services and there is owed child support that money will be taken from a tax return. Letters are sent out by IRS pertaining to this. However, if each adult files Married filing separately, then the one who was ordered to pay the support, and is behind, is the one whose return will be used. Of course then you lose out on deductions and exemptions, or get smaller amounts. When my son went to prison his child support payment was not paid so it added up. He made an arrangement to pay extra each month on what was owed but was told when he did this that until it was all paid up he would lose any tax return amount and it would go straight to DHHS.

conager
02-28-2011, 03:58 PM
quote:if each adult files Married filing separately, then the one who was ordered to pay the support, and is behind, is the one whose return will be used. Of course then you lose out on deductions and exemptions, or get smaller amounts. unquote (sorry, I still have problems with just quoting part of a statement:))


This is a very good point. If you file Married filing Seperate you loose eitc....big problem for lots of people. HOWEVER: if you were legaly seperated, have a spouse in jail for 6 months (especilly the last 6 months) or more of the tax year in question, you may be able to file as single or head of household and get all the credits and rebates such as EITC.

Hisoneandonly
02-28-2011, 04:47 PM
I file an injured spouse form as well. I know he needs to take care of his son...but I have to take care of our daughters, so I make sure I get my money back.