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Bensmom | When my husband files taxes and it goes to back pay child support if we claim our son will they take his benif? |
My husband owes back pay child support but has been paying ever since he was re employed. Last year when we filed taxes everything went back to the state for back pay child support... now that he is paying on it weekly i wanted to know that when he files taxes this year if they will take our sons befits if we claim him... i know they will take his federal taxes and all but im confused if they would take my sons i was unemployed for 08 and i cant claim him... can they do that with a newborn? HELP I NEED INFO!! |
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Madison
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If the order to pay back child support is already in effect then yes they can and will take the entire check to cover the amount owed, it doesn't matter if you had 3 kids they would take all the unearned income credit, child tax credit and the whole 9 yards until the debt is paid in full. |
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semi273hemi
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That depends on what the court order said...
Good Luck, |
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hrblocklee
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I am sorry, but the answer is yes. If your husband owes back child support the refund can be offset or seized to pay the debt as long as he is not up to date on his child support payments and you had no income for the year. In future years, if you are employed then you could file an injured spouse form to claim your portion of the refund based on income you earned.
Lee, Enrolled Agent
This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provided. |
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hrblock.laura
 |
If there is an order to take your husband's refund for back child support then they will keep any refund that is showing. It makes no difference what created this refund.
There is no way for you to file as an Injured spouse and get a portion of the refund since your were not employed in 2008.
You might want to check with the organization that the child support is paid to to see if there is still an order to collect on the back child support.
Laura H – H&R Block – Senior Tax Advisor 5
**This advise was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provided. |
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ginger_robinson26
 |
Yes, they can and will take the entire refund amount. If you had any income in 2008, you could file Form 8379 (Injured Spouse Allocation) with your return and you would receive your half. I don't think that will work in the situation, however, since you did not have any income. |
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JJ
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If your husband has to pay back child support, all of his income tax return will go toward that. If your CPA will let you, I would file married but filing separate. That was you can claim your new child and that return will not toward your husband's back child support. |
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Amanda T
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Yes. The state updates the debt regularly to reflect payments received and back amount still owed. When you file, if there is still a back amount of support owed, the refund of both your husband and yourself can be intercepted and applied to the debt. |
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Judy1
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Yes they'll take your husband's entire refund if he owes that much or more, including the part that is due to claiming your son. Since you didn't have income of your own for 08, an injured spouse form wouldn't make any difference unless you live in a community property state. |
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