 Why am I hardly getting any money back on my tax return? |
| I file single and only made $18,409 this year. I paid $1217 in withholding. So why is my tax return only $157? This woman I work with has like 7 kids and gets a lovely check over $9000 from the IRS... |
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 If your IRS refund has been taken to pay off student loans, can you get it back? |
Additional Details
OK, now enough with the you should have paids, I was counting on the refund because I am behind on my mortgage and now going to enter foreclosure, maybe a little ... |
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 Whats the earliest you can file taxes?? |
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i have not received my stimulus check!
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Mom2Twins | Am I liable for my husbands child support debt? |
My husband and I live in the state of Texas. He owes some back child support to his ex wife for the one child they had together. This was the first year (2007) that we were able to file our taxes jointly. We filed as "Married Filing Jointly" and I also filed an "Injured Spouse Claim" in hopes that I would be able to get my portion of our tax return.
It turns out that my portion of our tax return has been taken and given to his ex wife, despite the filing of the injured spouse claim due to "community property laws of Texas".
Can anyone explain this to me? The IRS was not helpful on the phone. When my husband had his child support reviewed recently, they did NOT consider my income when determining the amount, so why do they consider my income when repaying the back amount owed?
Additional Details
I should have been more specific, she didn't get the entire portion which should have been mine. I made more money than my husband this past year. My portion alone of the refund should have been just over $2000. Instead I am left getting just over $600. This is not anywhere near half of anything... that is why I am so confused considering that MY portion should be much larger.
The letter I got said the form has been processed (we filed about 11 weeks ago) and that I would be getting the remainder in 2-4 weeks.
I will try calling the IRS again tomorrow and hopefully get some kind of an answer from them. |
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snjas1
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Community property states are tricky when it comes to taxes, there are 9 of them, & yes TX is one of them. Unfortunately if you have other children that you are getting the child tax credits for, you cannot file married seperate, otherwise you won't get any EIC or your child credits. In community property states, they take the meaning of "what's mine is yours" literally. And that is the basic reason as to why they are holding you accountable for his "debt". The IRS is probably not going to help you out much more than with what they have already told you. Those people that answer the phone say they are the "tax experts" but they are too swamped & it's hard to find one that really cares & knows what they are talking about beyond the basic concepts. By all means continue to call them & try to get more detailed answers. Write down the id # of everyone you talk to, & if need be, ask to talk to someone else who knows more. But, what they did sounds about right for the state of TX. Your question does make sense. They didn't count your income, why count your taxes. That's because taking a tax refund is a "penalty" & involves different rules than the normal child support laws. And under the community property laws, they can do this to your tax refund. Sorry I had nothing but bad news, but that's how it works. |
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TBONE
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You may want to consult with a tax attorney in TX on this one. Your reasoning sounds good but not being from TX itself....
Good Luck. |
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Judy1
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Since Texas is a community property state, you should get half of the refund - and of the stimulus payment. The refund would all be taken at first, then you'd get half later - maybe it's just not processed yet. |
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bostonianinmo
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The Form 8379 can take 14 to 16 weeks to process. How long ago did you file it? It just may be that it hasn't been processed yet. |
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OFFICER SEXY PEACH
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i live in texas also and filed injured spouse too,i got half of our refund yesterday by mail and a letter from department of treasury came also stating that my spouse's half was taken for his debt owed,i called the irs and looked on the website and got confirmation that my rebate will be mailed by june 13th,so i don't know what happened with your checks,either they overlooked your form or it hasn't yet been processed.
who said that the whole refund has been taken,and did you file the form with the taxes or afterwards,did you file it electronically or mailed it? |
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Spam
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The only answer I can give is, File Separately from now on.
But be advised any money he expects back each year from the IRS will go toward the child's support until he is up to date |
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Ms. Angel..
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Contact IRS again and find out if the injured spouse form has been processed. It may not be processed, it does take 12 weeks to processed the form. Once it is processed your money will be refund to you. |
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One month until he's home<
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I think I'd ask to talk to a supervisor when calling the IRS. I live in TX as well and my injured spouse claim went through fine. Same thing my husband owes back child support. You may only get half of the return though due to the stupid community property crap. |
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Lady Kay
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You should try to speak with the IRS again. The person that you spoke with initially was probably not helpful because they didn't know how to explain. In my experience, an injured spouse form is generally enough to prevent your portion of the tax return from being garnished. The only reason that I can think the injured spouse would not be effective is if you did not have any income to consider or if the form wasn't filled out completely/correctly. |
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