income tax

[cameron8003]

In texas if you are married and file taxes jointly but owe back child support do they still take your full tax refund to pay for the arrears?

 

[PayrollHRGuy]

The spouse that doesn't owe child support can file a form so they can get their part of the refund. https://www.irs.gov/forms-pubs/about-form-8379

 

[Taxing Matters]

In texas if you are married and file taxes jointly but owe back child support do they still take your full tax refund to pay for the arrears?

The IRS is obligated to offset the refund to the child support if the child support enforcement agency put in for the offset. However, as PayrollHRGuy said, the IRS will pay to the spouse who is not liable for the child support the share of the refund that is attributable to him/her if a Form 8379 is timely filed. Best thing to do is attach it to the tax return but it is possible to file it separately, too. For spouses in a community property state like Texas usually the non-liable spouse gets 50% of the refund.

 

[not2cleverRed]

Posting hx: https://forum.freeadvice.com/threads/2-kids-2-different-moms.651436/#post-3600880

 

[cameron8003]

If the spouse who doesn't owe the child support does not fill out the proper paperwork will the IRS just take the full amount or what is owe in back support.

 

[not2cleverRed]

If the spouse who doesn't owe the child support does not fill out the proper paperwork will the IRS just take the full amount or what is owe in back support.

Yes.

The IRS is not staffed by omniscient mind readers.

 

[Taxing Matters]

If the spouse who doesn't owe the child support does not fill out the proper paperwork will the IRS just take the full amount or what is owe in back support.

Yes. That's what the law directs the IRS to do.

 

[Just Blue]

Yes.

The IRS is not staffed by omniscient mind readers.

That's not what their web-page says...