Return

[TaraLL]

What is the name of your state?ca
If we file Legal Separation can the IRS still take my tax return? I'm the only one with taxable income and he owes back child support. I filed an Injured Spousal Report and they took all of my State and half of my Federal

 

[LdiJ]

What is the name of your state?ca
If we file Legal Separation can the IRS still take my tax return? I'm the only one with taxable income and he owes back child support. I filed an Injured Spousal Report and they took all of my State and half of my Federal

Then you might not have filled out the injured spouse form correctly for the feds and you probably didn't file an injured spouse form at all for the state. However, the amount of the refund that is due to your husband being on the return would be credited to his side, so yes, part of the refund would be taken.

You can file married filing separately and have your refund protected, however you will get a smaller refund because your husband won't be on the return, so it could end up being a wash. Getting legally separated would neither be helpful nor necessary.