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jhing114 | Of tax refund and spouse's child support and "injured spouse"? |
I was supposed to get a Federal refund of $10,700 and State refund of $345. I filed married filing jointly with my spouse who does not have a job. I have a 4 year old son (from previous marriage). I recently received letters that I will have no state refund and that I will just get $6700 from my federal refund because it was applied to my husband's child support (he has a child with a woman who he wasn't married to long before we met.) I just don't think it's fair that I am the only one working and yet I have to pay his debts. I have nothing against my husband, he is a very loving father to my son. So can I file "injured spouse" form based on this? How much do you think will I recover from the $4345 they took from my refund?
Additional Details
More to my story: my former husband died when my son was 2 months old, so he is out of the question. My husband wasn't married to the woman he bore a daughter with. The woman has the custody of the child and my husband is paying monthly child support, although he owes like around $4000+ still. My husband is not working because he is looking after my son while I work 2 jobs, one full time and 1 part-time as a nurse. So that's the situation. Now the question, should I file an "injured spouse" form? |
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kckid2
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What am I missing here. You're saying you filed a joint return with a different husband, and the IRS is taking THAT refund and applying against your former husband's obligations?
IRS can't do that. They can only apply it toward your personal obligations... including back taxes when you were married to your former spouse. But use it for child support, not your obligation... don't think so.
There's more to this story than you've told. |
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rtfm
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Yes, you should definitely file the "injured spouse" form.
That's not going to do anything positive for your family situation, however. Your husband is still going to owe that money, and the current child support is, I assume, also going to continue to be due. I hope the two of you have a plan in place for him to start working again soon so he can pay his legal obligations. |
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ponderer
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They can intercept your tax return because you filed jointly. Had you not filed jointly they would not be able to touch it but you probably would have had a much lower refund amount. There really is not much you can do about it so just deal with it and enjoy the 6700 you are getting. Also you can change your deductions at work so they dont take out as much in the future. Your tax returns will be smaller but you will get more in your paycheck each week and you can just throw the extra into savings and that will be safe. |
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JediGrl
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I have about the same situation...YES, you should file the injured spouse form...you have to mail it in and it takes about 8 - 10 weeks to get some of your money back...If you live in a community property state they have the right to take at least half...and since he dosen't work I can't really see them taking more than that...The form number is 8379 and you can find it at www.irs.gov
I hope this helped :)
~C |
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snjas1
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Yes you should file the injured spouse form. You will recover every penny if you were the only one working. They can only take "his" portion of the return for back support. If he wasn't working, he has no portion to take. They cannot take yours if you file this form. It sounds like all of it is yours, so you'll get everything back. You only have 3 months from the time that you already filed your taxes to send in this form all by itself. If you haven't filed yet, simply attach it to your return. This will take a while to process, you won't get your money back for another 2 or 3 months, but you will get it back. Now, so long as your husband continues to be unemployed, if you are not sending in any support payments on his behalf, eventually they will take his DL, other licenses, bank accounts in his name, liens on property in his name, or jail. So you may want to send his child support something each month for him, or he'll end up in a heap load of trouble. |
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Judy1
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Yes file an injured spouse form.
Also check on what you are having withheld - having a refund that big means you are lending the government a lot of your money, and at no interest. |
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bostonianinmo
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Yes, the Form 8379 will help you get some of your refund back in most cases. You'll get your proportional share of any refund.
A much more pressing question is why are you receiving such an insanely high refund?? You are giving the government an interest free loan of $200 EVERY WEEK with a $10k+ refund! That is financial irresponsibility in the EXTREME.
Be smart about this! Adjust your withholdings so you receive little or no refund next year -- better yet, a small tax bill to PAY when you file! That way you will have as much money in your pocket as possible every payday AND you will not have to worry about any offset of your refund since there won't BE a refund. |
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izzabella_74
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My question is how the he** did you get back over 10k?? Must be nice.
The injured spouse form seggrogates the income of the people who worked, basically, If you both paid in a 1000 in taxes for example and you paid in 50% of them... generally 50% of your return amount is what you would get back...figuring that % is callled allocating the income based off your W2s. Soo if you worked and he didnt.... theres nothing to allocate. So they will see your return as being joint property.. becasue you filed together. Unless you file the injured spouse form, they arent going to allocate. Sooo unless you file something that says wait stop, this isnt my debt they will consider it like everyother return.
You could try to amend the return with a 1040X but your still getting almost 7k back.....you should be happy. 7k not enough? We bust our humps and the most, the MOST we have ever gotten back was 5600. If your still getting back almost 7K and some of his debt was cleared up.....I would be estactic. I understand it isnt fair to pay his debt...believe me i do....I file injured spouse forms every year, but your still getting a significant* amount back. The sooner his debt gets paid the sooner you dont have to have your taxes held up by filing an injured spouse form every year. If i could could pay some debt and still have a great return i wouldnt be complaining thats for sure. Sorry but it sounds a little greedy on your behalf.....( shaking head) almost 7 grand and shes gonna complain? Sad. |
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ninasgramma
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When you file a joint tax return, you become jointly responsible for each other's present and past taxes. At this point, to recover your lost refund, file Form 8379 Injured Spouse Relief and Allocation.
Form 8379 requests that the IRS allocate your refund that you get from your own earnings to you and not divert it to the spouse's debts for which you are not responsible.
A more pressing problem for you is that the child support payments may still be due in the future, and your spouse has no means to pay them except for your earnings. |
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