Injured Spouse Tax Refund - is it marital property in a divorce?

[grandmom3]

What is the name of your state (only U.S. law)? SC.

My son has very low income. His wife does not work. She left him (suddenly) and took their 3 small children to her mother's house 200 miles away. She has no bills.

She has student loan debt. He filed an Injured Spouse form so he could get back 1/2 of his tax refund. She is now claiming he should give her 1/2 of the tax refund when it arrives. Is that true (since she already cost him the other half?).

 

[justalayman]

What is the name of your state (only U.S. law)? SC.

My son has very low income. His wife does not work. She left him (suddenly) and took their 3 small children to her mother's house 200 miles away. She has no bills.

She has student loan debt. He filed an Injured Spouse form so he could get back 1/2 of his tax refund. She is now claiming he should give her 1/2 of the tax refund when it arrives. Is that true (since she already cost him the other half?).

Why is any of the refund lost? Is it that the refund is intercepted and applied to her student debt? Your statement isn't real clear.

If so she needs to consider the 1/2 retained for payment of the debt is her half. She deserves no more.

 

[LdiJ]

Why is any of the refund lost? Is it that the refund is intercepted and applied to her student debt? Your statement isn't real clear.

If so she needs to consider the 1/2 retained for payment of the debt is her half. She deserves no more.

It wouldn't be 1/2 that would be taken...not if she wasn't working. Very little would be taken. Of course, if someone filled out the injured spouse form wrong, that could change things.

 

[grandmom3]

It wouldn't be 1/2 that would be taken...not if she wasn't working. Very little would be taken. Of course, if someone filled out the injured spouse form wrong, that could change things.

Oh - I was just assuming it would be 1/2 - he has not gotten it back yet. And I was wrong - she did work a tiny bit. But their entire income is extremely low - but they have three small children - so it was a big tax refund.