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Asked 7/31/2011

Can they take my wifes tax return if i owe child support

Is it possible

 
 
 
 
 
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Answer 1/3 - Submitted 7/31/2011

If you owe child support to your wife and it is being handled by the DOR (Department of Revenue, Child Support Division) yes they can and will seize your tax return for the child support owed). They will send it to her and deduct it from the amount you owe that is past due.

 
 

Answer 2/3 - Submitted 7/31/2011

Do you mean your current wife's tax return?

If you owe back child support, they can seize your income tax return, and if you file a joint return with your wife, they can seize that as well. However, this does not always mean they will. I owe child support to my ex-husband, and I was sure they were going to seize my husband's and my tax return this last year. They had even threatened to do so. However, they didn't. In some ways it would have been a relief since it would have covered all of the back support and brought me current, but that's beside the point.

If your wife wants to insure that the full income tax return will not be seized, she can file a form with the IRS called an "injured spouse" form. This will keep them from seizing the full amount of her income tax return if you file jointly. Otherwise, you may also consider filing separately so that only your income tax return is affected.

 
 

Answer 3/3 - Submitted 7/31/2011

If your current wife filed separately then, no, the Internal Revenue Service will not offset your wife's refund. If you filed married jointly, the Internal Revenue Service may take the refund in order to pay arrears in child support. Any liability may be offset from a joint return. If you are an injured spouse, you may file a form 8379 (www.irs.gov/pub/irs-pdf/f8379.pdf) to claim no responsibility, and for relief from the debt.

It is best to file a copy with your return in order to prevent the IRS from seizing your part of the refund. If you have already filed, you should file with the IRS Service Center where you filed the return.

Good Luck

 
 
 
 
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