Will the court take tax returns for child support back-pay even if it is filed jointly?

My husband is paying child support for child he didn%26#039;t know he had for 4 years thus he has to pay back-pay. He never misses a payment that includes paying on the owed child support. We file our taxes jointly and get a child tax credit for our own child, can the court take this money?

Will the court take tax returns for child support back-pay even if it is filed jointly?

Yes they will take it all unless you file an %26quot;injured spouse%26quot; form. Then they will only take his portion of the tax refund.

Go to WWW.IRS.GOV to download form (8379) and instructions

Will the court take tax returns for child support back-pay even if it is filed jointly?

Yes

Will the court take tax returns for child support back-pay even if it is filed jointly?

Yes they will. You can file an injured spouse form, but then you lose any earned income credit you would get for your children if you have any. You alson can%26#039;t e file when you do the injured spouse form. They usaully don%26#039;t take all of it, so I would file let them take some and get that debt payed down so it is one less thing you have to worry about

Will the court take tax returns for child support back-pay even if it is filed jointly?

If your husband is at least $500 behind %26amp; 3 months, then yes they can take his tax return money for the back support. Now wether or not they can take your share of the tax return depends on what state you live in. Not what state the child lives in, you. If you live in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin then yes they can take your share of the tax return too. These 9 states are considered community property states, and new spouses are considered just as legally liable as the the paying parent is for child support. Now if you do not live in one of these 9 states, and your husband is $500 behind, all you have to do is file and injured spouse form 8379. You can only use this form if you had income in the year you are using it for. If for example your husband makes all the money and you are a stay at home mom, you had no recordable income, then you cannot use this form. You can file this form all by itself if you already filed your taxes, or if you haven%26#039;t filed yet, simply attach it to your return. Using this form WILL delay your return approx. 2-3 months, but if you are entitled to money that you don%26#039;t want going to child support it is worth it. Since you have a child together and probably get EIC credits you will have to file married filing jointly if you want your EIC credits. An injured spouse form is all about what percentage of the income and deductions are yours verses your husbands, so you will only get what is considered your share of the return back, and his share will still be sent onto child support, if he is far enough behind that is. Now if the amount of his share of the return is larger than what his back support is, child support will only take enough to zero out his balance, and the rest will be returned to him.

You should get a letter from both the IRS and the child support office if they are planning on taking his taxes. It will outline exactly how much they want, case #%26#039;s, etc. If his order was only recently setup then child support has not had enough time to ask the IRS for the tax return offset, and they may not even touch his taxes this year. Child Support only has until like Oct or Nov to ask the IRS for an offset, they have deadlines too.