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Even if my Dh has a payment plan for his back CS will they take our income tax??

If they can how can I prevent them from taking my half of my income tax and also can I file on my own to prevent them from taking mine??

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Asked by Anonymous at 10:00 PM on Sep. 17, 2009 in General Parenting

Answers (14)
  • in maryland yes they will take fedrel and state incomes only way i know if to keep yours safe is to file married but sepert

    Answer by Anonymous at 10:02 PM on Sep. 17, 2009

  • in oklahoma if your income taxes are taken for his back CS then you have 6 months to contest and get your half back. I know this because my ex had his income taxes taken and half of it went back to his gf and i only got 600 out of the 1500 they were getting back. i just now got the CS. exactly 6 months after they took his taxes.

    Answer by momie_of_munch2 at 10:06 PM on Sep. 17, 2009

  • File an Injured Spouse Form. Only his portion of the tax refund will be used to pay his debt. This only applies if you both have an income.

    Answer by Anonymous at 10:09 PM on Sep. 17, 2009

  • Also forgot to add that we have a child together and This is why i also want to know.. I want to file married but separated and claim our child.. Will this be ok??

    Answer by Anonymous at 10:13 PM on Sep. 17, 2009

  • If you file Married Filing Separate, you can't get earned income credit. I'd just do the injured spouse form. It is VERY rare for Married Filing Separate to be beneficial to anybody.

    Answer by Anonymous at 10:15 PM on Sep. 17, 2009

  • yes they can take his
    you can file seperate

    Answer by mommymeg03 at 10:16 PM on Sep. 17, 2009

  • Depends on the state, I believe, but I know in Illinois they can and do. My dh has a daughter from a previous relationship that he pays support for. Due to a major screw up from a previous employer, he is still paying back support and each year, the state takes our tax return. Each year I file an injured spouse form and get part of it back. It is a giant PITA and looks to be a problem for years to come :(

    Answer by mom2cne1 at 10:23 PM on Sep. 17, 2009

  • In MI they can and will, now to prevent them from taking your portion some states have a "Injured Spouse" form. This form will prevent the state from taking your portion... you need to check on this asap.... and file this every yr until 1 yr after your dh is paid off....

    This is what we had to do for many yrs... I got my portion each time....

    Good Luck

    Answer by gmasboy at 10:34 PM on Sep. 17, 2009

  • I didn't get ANY of my son's dad/s income tax because he conveniently got married so his wife could file for her share of the taxes, we live in MI (well they dont anymore). What i can't understand is why anyone would marry someone who doesn't want to take care of their own child? Boggles my mind.

    Answer by mumma28 at 11:35 PM on Sep. 17, 2009

  • More than likely they will take it. They told us they'd file a form with the IRS because we were in hardship status and he had made payment plans, but they dropped the ball and they took it anyway. Because our return was worth more than we owed and more than my half of the return, I didn't get any money back when I filed injured spouse. If you file seprarate your likely not to get much back either way. JMO...btw it's funny how those that wonder why a girl would want to be with a guy who doesn't "want" to take care of their own kid are always the women that the guys left. My DH is an awesome dad to our son and until you've been on the other side of the fence you have no idea what the evil ex does to keep him away from his other kid and quite frankly I could care less I'd rather it be just the 3 of us!

    Answer by Anonymous at 12:29 AM on Sep. 18, 2009

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