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Old 02-05-2005, 12:06 PM
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Married tax law /Back Child Support

I live in Ilinois and my child lives in Michigan. I pay regular child support monthly. I was out of work for a while and was unable to pay. I have a signifigant amount of back support owed. The sate of Michigan is currently taking my tax refunds to pay back support. I have recently been married. Now that I am married with a house. If we file joint can the state of Michigan legally take our refund?

How should we file if they can?
  #2  
Old 02-05-2005, 12:07 PM
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[quote=tequilaparrothd]I live in Ilinois and my child lives in Michigan. I pay regular child support monthly. I was out of work for a while and was unable to pay. I have a signifigant amount of back support owed. The sate of Michigan is currently taking my tax refunds to pay back support. I have recently been married. Now that I am married with a house. If we file joint can the state of Michigan legally take our refund?

How should we file if they can?
  #3  
Old 02-05-2005, 05:45 PM
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Yes, all of it.

Your wife will need to fill out and attach an "injured spouse" form to your tax return this year. The IRS will determine how much of the refund is 'hers', and will send it to her, and will seize the rest.

Injured spouse claims can take as long as six months to resolve.

In the meantime, tell your wife to change her withholding so little to none of her tax is taken out.

Snipes
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This post does not create an agreement to represent you before the IRS, nor does it invoke confidentiality regulations. Postings are based only on the information provided and you should consult a tax professional in your area before relying on information contained in this post.
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