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Taking tax return

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ckelly0401

Junior Member
What is the name of your state?What is the name of your state?NY
My husband had some arrears accumulated on his child support to his ex wife. It is about 4,500.00. He has been paying 50.00 extra towards the arrears every week for about 6 months. I just found out that child support collection is taking both our federal and state tax returns towards the arrears. Can they do this even though he has been consistently paying the extra money towards the arrears? I don't know if this fact changes anything, but we have two children together. He's paying on one child from his previous marriage.
 
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crystaly

Member
ckelly0401 said:
What is the name of your state?What is the name of your state?NY
My husband had some arrears accumulated on his child support to his ex wife. It is about 4,500.00. He has been paying 50.00 extra towards the arrears every week for about 6 months. I just found out that child support collection is taking both our federal and state tax returns towards the arrears. Can they do this even though he has been consistently paying the extra money towards the arrears? I don't know if this fact changes anything, but we have two children together. He's paying on one child from his previous marriage.
Yes, they can take all of your taxes. It does not matter how much you have been paying or anything. If he owes anything child support can take whatever is owed. Unless you file an injured spouse form which will keep them from taking your part of the taxes. But you have to file that if you filed jointly. Or you can take a huge loss by filing seperately but when you do that there are penalties and you can't claim alot of the things you can when filing jointly. Remember, you are not responsible for his children, so therefore when filing the injured spouse form it keeps child support from taking your part of the taxes.
 

topsidder

Member
For future reference, if filing joint, always file an injured spouse form if you have reasone to believe there is a seperate liability against your spouse.

Positive side: now your spouse is all that much closer (if not "even") with the arrears after the tax off-sets!
 

topsidder

Member
ps: File an ammended return of the tax year 2004. Complete the injured spouse form and send with.

Go here: www.irs.gov

Search "Forms and Publications" database with keyword: injured spouse

Print, complete, and send as ammendment.

No harm, no foul.
 

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