Spouse's Debt Offsets Our Refund

[SassyZeta]

Washington state--My spouse and I are separated (though not legally). I moved to Washington State in June of 2007 and he is still in California. I gave birth to our daughter in August of 2007. My husband just filed our taxes jointly and claimed our daughter even though she has been in my care from day one and he is not nor has he ever supported her. Our refund was offset because he owes child support for another child. I had no income for 2007, but I feel as though I should be getting some of the refund simply because the majority of it was tax credit for my daughter. My husband had only $769 withheld for federal income tax, yet our refund was supposed to be $4291. After the tax preparation company was paid and the state took the child support, there was only $77 left. What, if anything can I do? My daughter needs things terribly, and I was depending on that money to help get some of the necessities.

 

[LdiJ]

Washington state--My spouse and I are separated (though not legally). I moved to Washington State in June of 2007 and he is still in California. I gave birth to our daughter in August of 2007. My husband just filed our taxes jointly and claimed our daughter even though she has been in my care from day one and he is not nor has he ever supported her. Our refund was offset because he owes child support for another child. I had no income for 2007, but I feel as though I should be getting some of the refund simply because the majority of it was tax credit for my daughter. My husband had only $769 withheld for federal income tax, yet our refund was supposed to be $4291. After the tax preparation company was paid and the state took the child support, there was only $77 left. What, if anything can I do? My daughter needs things terribly, and I was depending on that money to help get some of the necessities.

There really isn't anything that you can do, because you didn't have any income. Even if you were to file an injured spouse claim, it wouldn't do much good since you didn't have any income.

However, who has been supporting you and the child? Despite the fact that dad is dad, that person honestly may have the greater claim to the child's exemption.