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If my new husband owes back child support and they hold his IRS refunds to apply, will they do the same for me?

We live in Texas, a community property.

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scarey1957

Asked by scarey1957 at 6:54 PM on Nov. 5, 2013 in Money & Work

Level 1 (2 Credits)
Answers (8)
  • If you file together they'll take it, unless you file an injured spouse form with the IRS. Then they will figure out what part of the refund is yours and you get that.
    desert_diva

    Answer by desert_diva at 6:56 PM on Nov. 5, 2013

  • I was going to say the same. File injured spouse.
    AF4life

    Answer by AF4life at 6:58 PM on Nov. 5, 2013

  • You really need to ask a lawyer this.
    louise2

    Answer by louise2 at 7:07 PM on Nov. 5, 2013

  • yep and you only have 6 months to file injured spouse, best to do it when you file that way your return is not held
    luvmygrandgirl

    Answer by luvmygrandgirl at 7:17 PM on Nov. 5, 2013

  • Yes, they will, unless you file the injured spouse form, and even then, you may have to wait for it a bit longer while they sort it out. If you file separately, you can avoid yours being taken - but make sure that you claim the kids you share together and anything else that would increase the refund, if you don't want it all going to that.
    wendythewriter

    Answer by wendythewriter at 7:19 PM on Nov. 5, 2013

  • Yup.... File injured spouse.
    Crafty26

    Answer by Crafty26 at 7:35 PM on Nov. 5, 2013

  • Why does he owe so much back support?
    PartyGalAnne

    Answer by PartyGalAnne at 7:48 PM on Nov. 5, 2013

  • Yes as others have said you could file an injured spouse but really you married him knowing he had a child that he needs to support. He needs to pay the mother the amount she is due.
    Dardenella

    Answer by Dardenella at 10:23 PM on Nov. 5, 2013

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