Husband Owes Child Support Can IRS Take My Taxes

by Moya
(Texas)

Well it started like this. My husband was paying his child support up until a hurricane put him out of a job on November 2008. He has been out of work now for 15 months and is upset he hasn't been able to find anything.

He did go to school while he was looking for a job to help him find even more jobs. He went to school for Medical Administrative Assistant) and all he has been doing is putting in resumes and applications. He sees his kids, and he picks them up from school and keep them till their mother gets off of work.

It's time to file taxes and he is upset that I'm going to have to pay for his mistake of not being able to pay his child support. All the income is mines he has no income. He ordered to pay $358 a month but that kind of excessive because he keeps his kids from lunch till dinner Monday thru Friday, plus the weekends. Plus when she asks him can they spend the night.

What should I do? Can they take all of my income tax if we file jointly even though he has no income? He loves his kids, and is a good father they have the kids about the same 50% with him and 50% with her.

Comments for Husband Owes Child Support Can IRS Take My Taxes

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Yes The IRS Can
by: Child Support America Team Member

Hi Moya,

To avoid the IRS from taking your taxes, you can file Married Filing Separately or file an injured spouse form, Form 8379.

If filing separate, you may not get as much back, but your tax return will be safe. If you file jointly there is a huge possibility that your taxes will be taken if your husband owes arrears.

If you do file joint and your taxes are taken, you can try to put in an injured spouse claim with the IRS to get your money back. Please know that this can be a long process and may not work in your favor. Did you file yet or were you waiting on our response? You can respond via this post.

Thanks,

CSA TEAM MEMBER

Husband Owes Child Support Can IRS Take My Taxes
by: moya

yes I've already filed married jointly, he didn't want me to because he was afriad of them taking my taxes. So what should I do now. I efiled and should be a response on Jan. 19

File injured spouse
by: Anonymous

File injured spouse. You should be able to find the form on irs.gov I filed this for the exact same reason.

Yes, they CAN take your taxes...
by: Anonymous

If you did not file an injured spouse claim, they will take your taxes... You have to either do that, or file separately. By now, it's probably too late. That money is as good as gone.

Child Support
by: Tracy

My husband went through the same ordeal, but with my determination to find another option that can tell me whether or not I have to lose my income tax because of his child support arrears. So after reading so much online, I ran across a ebook that went into details step by step on requesting child support modification to decrease my husband child support payments and then I was informed to file Married Filing Separately IRS return in order for me to get anything back for income tax purposes.

I didn't know my husband had any rights until I read comments about how the eBook helped other fathers in the same predicament as my husband. I helped my husband follow step by step on filling out the forms to reduce his child support payments.

Child Support/Taxes
by: Sandra

1st question last year 2010 my husband and the mother of his child made an agreement infront of a judge to the rules set for the best intrest to the child. Since then she hasn't done her part as to let him see his son. Can anything be done if so what can he do. He's given up and it's not right for a mother to take away his rights. Please help.


2nd my husband and I married on Dec 2011 I filled my tax for 2011 as single will they keep my refund since he owes child support??? I am so worried I didn't even think about that. Please any help will be greatly appreciated!


Thanks in advance!


TESTIMONY
by: rebecca

Well the reason why I was asking you did you remember my case because, I have already seen results. He called me on Jan 4th to wish me a happy birthday, and I called him on the 6th to wish him a happy birthday. We had a nice long conversation, and I expressed to him how he made me feel. He apologized over and over. Then after that conversation I didn’t hear from him until around the 8th of Feb. I started calling my phone, and I kept missing his calls because my phone was on silent. Well that third day of him not getting a response from me, he sent me a heartfelt email apologizing again, and saying how much he missed me and wanted to hold me in his arms. At the end of the email he stated that he loved me, in which he has never said those words to me. I still love him also, but its hard now to be with him because I will be moving 5 states away and I don't want to start something back up with him, knowing we can't be together. So I just want to thank you High -

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