My new husband owes back child support-how do we file?

Question

My husband owes back child support and is paying on it--we have two children together and hes the only one that has an income as of right now--how can we file without having the credit for our two children going to his back child support! Oh and by the way....when they first got divorced she signed his name to a joint tax refund and spent that money which if she wouldn't have done that he wouldn't be behind because he could have taken his half of it and went and paid it off!! However my question isn't how shady she is(which she is!) but i am wondering how i can prevent her from receiving money from our two children(the child credit is what i am talking about!)any advice would be wonderful!

Answer 1

you cannot,  sorry.

Answer 2

If you live in a community property state, you can file a joint return and an injured spouse form, and get part of your refund, only part would be taken.  Otherwise, since all the income is his, the entire refund (AND stimulus amount) will be taken toward what he owes.  At least it will be paid off faster that way.

Answer 3

If you live in a community property state you can file an injured spouse claim and should receive half of the refund and rebate.  Otherwise you are pretty much out of luck.

Answer 4

You file like everybody else and let the chips fall where they may.

Answer 5

If you had no income, you can't file seperately, & even if you could, you wouldn't get any EIC credits for your children when you do married seperately.  The only way to get EIC credits when married is to do jointly.  The only way to keep them from taking that money for his back support is if you can file an injured spouse IRS form 8379.  And you can only do so in one of two cases.  One, you (the injured party) had income for the year you are using it in.  Or two, you live in a community property state (California, Arizona, Idaho, Texas, Louisiana, Wisconsin, Washington, Nevada or New Mexico)  If you live in one of those 9 states they take "what's mine is yours" literally, & even if you had no income you can still use the injured spouse form.  But if you don't live in one of those 9 states, & you didn't have any recordable income, you are out of luck.  There is nothing you can do to keep them from taking up to all of the tax refund for back child support, including your child tax credits or EIC credits.  If you can file this form, they will return your "share" to you.  You can use this from and attach it to your tax return when you file, or you have 3 months from your file date to send it in all by itself.  Your best option if you cannot use this form is to just file married jointly & hope that this year takes care of the back balance.  Wish I could be more help, but that is just how it works.

Answer 6

so she did nothing wrong if it were a joint refund then to bad on him. I have no sympathy for anyone behind on child support unless it's a real good excuse. I am owed so much money it's disgusting the way I look at it I get one of my ex's refund every year and he has other children with his now wife. Like I always tell him you shouldn't have went on and had more children when you couldn't support the ones you have already. Why should some of us parents who support our children get screwed all the time because the other parents is behind on support and then not be wanting to give up their tax check. So it's only fair for one of the parents to get stuck footing the bill on everything? I don't think so you are probably going to be like my ex and his wife they had taken their check and I will get it once again this year. Have him pay off his support so next year this won't be such an issue or you can get a job and file for you and your children yourself.  I'm not trying to be mean here but I'm tired of people acting like it's always the other persons fault. When in fact if your back on child support it's your husbands fault nobody else.