If a person own back child support , and file joint taxes with their spouse, will some of his tax go to his ex

Question

my ex own my child thousand of dollars back child support

Answer 1

the only way you'll get his tax return and rebate this year is if his ss # has been flagged by the courts or child support agency to have his refund/rebate offset for back support,but it has to be done by 12/31 of the year before his taxes are to be filed or you will not get it until the following year after his social has been flagged.

if he files a joint return with a spouse then the court will hold any payment being sent to you for up to 6 months to allow his spouse time to file an injured spouse claim form to collect their half of the refund first,unless the spouse waives their rights to their half to help him pay his debt by signing a paper to have the refund released to you earlier(doubt she'll do that)

however if you are he owes any other debts the refund would go to that first,such as student loans,back taxes,or you were/is on public assistance the state will collect what they've paid you for welfare out of the refund and if any left it'll be sent to you,as so for any other debts named.

very complicated situation,hopes this helped.

good luck!

Answer 2

My husband had a child before we were married.  After we married, his child's mother drug us into court for a review to  see if she could get more money.  My husband was not in arrears at that time, but we were told by the mediator that should he ever find himself in arrears, my wages could not be touched but my taxes could be seized (assuming we file jointly).

Hope  this helps!

Answer 3

Some or all, assuming that the child support agency has filed the proper paperwork.  If the new spouse files an injured spouse form, only the part of the refund that's due to the income and withholding of the person who owes the support will be taken, othewise it all will.

Answer 4

If his spouse filed an injured spouse form 8379 with the IRS then you will only get your husband half of his refund and stimlulus rebate.

Answer 5

According to irs.gov, you'll need to file Form 8379 in order to receive your portion of the refund. Go to their website for more information.