• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

California has no Injured Spouse protection, what do I do?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

linkboy

Junior Member
My wife had a verbal agreement with her ex (I know, this was before I met her) and when they went to court, he lied and said she never payed her child support. As a result she now owes back child support.

Anyways, when we did our taxes this year, I went to H&R. They filed both our federal & state (California) return as married joint. With the federal return, they did an injured spouse form for me to protect my return. The problem is with the California return.

California, for some unknown reason, has no provision for injured spouse protection. At the time our return was prepared, H&R failed to notify me of that. Had they done so, we would have filed married/separate. So, as a result, child custody seized all $771 of our state tax return, taking both my and her portions.

The problem gets complicated even more due to the fact that she is currently waiting for a court hearing regarding custody of her daughter.

Does anyone know what my options are to try and get this issue corrected. We're talking about a pretty good amount of cash that I lost due to H&R not properly notifying me.
 


Zigner

Senior Member, Non-Attorney
My wife had a verbal agreement with her ex (I know, this was before I met her) and when they went to court, he lied and said she never payed her child support. As a result she now owes back child support.

Anyways, when we did our taxes this year, I went to H&R. They filed both our federal & state (California) return as married joint. With the federal return, they did an injured spouse form for me to protect my return. The problem is with the California return.

California, for some unknown reason, has no provision for injured spouse protection. At the time our return was prepared, H&R failed to notify me of that. Had they done so, we would have filed married/separate. So, as a result, child custody seized all $771 of our state tax return, taking both my and her portions.

The problem gets complicated even more due to the fact that she is currently waiting for a court hearing regarding custody of her daughter.

Does anyone know what my options are to try and get this issue corrected. We're talking about a pretty good amount of cash that I lost due to H&R not properly notifying me.
Tell wifey to pay you back...she should have tons of cash left over from all that support she never paid...
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top