Can ex-spouse receive tax return if**************.....

[karri.rinehart]

What is the name of your state? Indiana
I already know that an ex-spouse can receive your tax return if back child support is owed. But, my question is, can an ex-spouse receive the return if the earned income credit is due to a child that is not of any relation to the ex-spouse? If they can, wouldn't that be unconstitutional?

 

[Whyte Noise]

They most certainly can recieve EIC monies and no, it's not unconstitutional at all.

A child doesn't have to be related by blood to be claimed for EIC. A stepchild that lives with you for the year and is dependent on the stepmother/father for care is a legally qualifying child for EIC purposes.

My husband owed back child support. My daughter from a previous marriage lives with us. Last year, we filed married/filing jointly and claimed my daughter for EIC. The entire return was withheld even though it was MY daughter that we received the EIC for in the first place and she has nothing to do with his CS case or his ex and he is not her biological father.

 

[LdiJ]

They most certainly can recieve EIC monies and no, it's not unconstitutional at all.

A child doesn't have to be related by blood to be claimed for EIC. A stepchild that lives with you for the year and is dependent on the stepmother/father for care is a legally qualifying child for EIC purposes.

My husband owed back child support. My daughter from a previous marriage lives with us. Last year, we filed married/filing jointly and claimed my daughter for EIC. The entire return was withheld even though it was MY daughter that we received the EIC for in the first place and she has nothing to do with his CS case or his ex and he is not her biological father.

Did you not file an injurred spouse claim?

 

[Whyte Noise]

I had no income LdiJ... only disability (which I didn't have to claim because our income totals weren't $32k or more) and I do not live in a community property state. What we received (his federal taxes paid in, EIC, child tax credit) back as a refund was all solely based on his income. I had no income to file an injured spouse claim on. There is no state income tax in Tennessee either, so there's no state return to file.

 

[karri.rinehart]

Thanks for your reply.

They most certainly can recieve EIC monies and no, it's not unconstitutional at all.

A child doesn't have to be related by blood to be claimed for EIC. A stepchild that lives with you for the year and is dependent on the stepmother/father for care is a legally qualifying child for EIC purposes.

My husband owed back child support. My daughter from a previous marriage lives with us. Last year, we filed married/filing jointly and claimed my daughter for EIC. The entire return was withheld even though it was MY daughter that we received the EIC for in the first place and she has nothing to do with his CS case or his ex and he is not her biological father.

That seems so unfair to me, but the law is the law.

 

[CJane]

That seems so unfair to me, but the law is the law.

Look at it this way... the more money that is kept via tax returns, the faster the arrears are paid off.