Will my tax return get garnished for unemployed husband's back child support... Can we file jointly and me fill out an injured spouse form?
Yes and yes, but he should be filing for a modification. see links
1 person found this useful
You should speak with your State's Child Support Enforcement Agency (the official name of that agency varies state to state, but it's usually called something along those line…s).
If you have a court ordered tax refund garnishment from Michigan and you now reside in New York For 4 years can they take the refund Also can the garnish the wages of the spouse if they file jointly?
Yes. they can, but you should file jointly and so they don't garnish the spouses part, file injured spouse, and I do not know why it is called that but I know my husband ow…es back support and that is how we have to file so I will get my part. Ans The one above, who erased my previous answer but goes on to say she doesn't really know what she is signing....well hope she qualifies or it could be criminal... And no matter what, to avoid the issue, filing seperately is better. And no matter what...getting your spouse to pay their obligations, (like there taxes or supporting their kids) is better. And if your in a community property state, or the debt doesn't come from those very specific things, etc., etc., injured spouse won't work. Accepting it, and when the problem comes up...you'll have serious ones (probably after he abandons you like he apparently may have done to his last), or just fails to pay his taxes now too...maybe lies on them (the current ones YOU ARE responsible for). You are an injured spouse if your share of the overpayment shown on your joint return was, or is expected to be, applied against your spouse's past-due federal debts, state taxes, or child or spousal support payments. If you are an injured spouse, you may be entitled to receive a refund of your share of the overpayment. For more information, get Form 8379, Injured Spouse Claim and Allocation.
Yes you can. The tax return is for last year, if you have paid taxes last year then you can, i.e a job or self employment etc
Of course. In fact, you might have a refund coming.
Can you file as an injured spouse for a tax refund if your husband had an affair and a baby and must now pay child support?
If the IRS is intercepting your joint tax refund to pay past due child support owed by your husband AND you are not legally liable for the payments under the laws of your stat…e, then yes. What I don't know is whether you have no legal liability for such payments if the affair occurred while you were married (particularly if you live in a community property state). You should contact a family law attorney for clarification. Of course, there is a much better solution to your problem. DON"T OVERPAY YOUR TAXES. If you don't overpay your taxes, you won't be getting a refund and you won't have to worry about someone taking it away from you. Go to your employer's HR or payroll department and ask for a new W-4 form (and whatever the state equivalent is) and increase the number of withholding allowances you claim so that you pay roughly the amount of tax you really owe instead of having too much tax taken out of your pay every week.
After a divorce a spouse filed the taxes as married filing jointly and kept more than 50 percent of the return. What are the options for the other spouse?
If you were no longer married at the end of the day on December 31th, you cannot file a joint return. The other spouse should simply file a legitimate return for themselves… and not worry about what their ex-spouse did. If you try to e-file, it will probably be rejected, but you should then file on paper. The first step is to file your own return, nothing can be done until you do that. Of course, the IRS will notice the discrepancy at that point and send you a letter. Respond to the letter with the proper documentation showing that you were divorced and your spouse should not have filed a joint return. It will take some time to settle and your refund (if you are due one) will be delayed for months.
In the state of Forida if a married couple files there taxes jointly can the new spouse be responsible for back child support?
Only as it applies to the tax return, if an "Injured Spouse" form is not filed. see links below.
Go to the Internal Revenue Service web page and use the search box for form 8379 go to page 2. Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax re…turn when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund. Are You an Injured Spouse? You may be an injured spouse if you file a joint tax return and all or part of your portion of the overpayment was, or is expected to be, applied (offset) to your spouse's legally enforceable past-due federal tax, state income tax, child or spousal support, or a federal nontax debt, such as a student loan.
Filing a joint tax return should not increase or decrease a child support obligation.
No. However, if you file a joint tax return with your new wife, she might have to file an Injured Spouse claim with the IRS to recover her share of any tax refund.
You now have full custody of your child and receive no support. How do you get your garnished tax return for back child support applied to what the mother owes?
You can't. If there has been a change in the custody order you are still responsible for any arrears incurred while the other parent had legal custody. Your garnishment will n…ot be returned to you since it was imposed for money you owed. You owe those arrears until they are paid in full regardless of the change in custody.
Does your taxes get taken when you file jointly with your unemployed wife if she owns back child support?
Yes. The entire refund amount will be seized by the IRS and allocated to the appropriate state child enforcement agency. If the non obligated spouse qualifies as an "injured… spouse" under IRS regulations they are entitled to their share of the refund. The non obligated spouse should file form F8379 with supporting documents. Generally the IRS will schedule an interview to detemine if the injured spouse claim is valid.
How can an injured spouse get the couple's entire refund back if it was offset for back child support?
The injured spouse may or may not get back the entire tax refund. They will have to file an injured spouse tax form (Form Number 8379). The IRS will figure the amount of the t…ax refund which would be allocated to each spouse and that percentage will be refunded to the injured spouse. If the spouse with the debt was the only one working, the injured spouse will get little or none of the refund back. It all depends on the return and their situation.