Husbands Back Child Support And My Tax Return

by Shannon

My husband owes child support to the state of California. I have two children from a previous marriage the state of California will not recognize in determining his monthly payment. However, upon filing our taxes, the State of California took ALL of our return, not just his part of the return, as well as the money he received for supporting the same children California will not recognize because they are not biologically his. Is there anything I can do now that the taxes have already been filed and accepted so that I can get at least some of my own tax return back?

Also, when filing future taxes, I've noticed that the requirements for claiming EIC are to file "Married filing Jointly". If you don't, you can't get EIC. These children are not our mutual children. How should I file future tax returns so EIC can still be claimed?

Comments for Husbands Back Child Support And My Tax Return

Click here to add your own comments

What you can do
by: Child Support America Team Member

Dear Shannon,

Thanks for your questions. First of all there is a form with the IRS called an Injured Spouse Claim. This was created for spouses who are "innocent" in their spouses debts which can result in an offset of their joint income tax return. However there is a catch to this form. If YOU did not pay into taxes then all of the amount can still be offset.

Basically you have had to work and pay into federal taxes. If you did pay taxes and you filed jointly, then the IRS will calculate the amount you are owed and release the funds to you. This form may have to be filed when you file your taxes. If your husband owes back support, and you work and pay taxes then in the future you may want to consider filing Married but Separately and claim your children and he can file a single status.

This will guarantee that you will receive your refund. Otherwise, if he claims you and your children it can be offset. The IRS does not care whether your children are his or not. All they recognize is that he owes a debt and his return is to be offset. It is a sad reality. Concerning the EIC have you talked to a CPA? There are CPA's who will give you a free consultation and give you the best tax advice especially in these situations.


Click here to add your own comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Child Support Questions.