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Child Support and Income Tax

So I was reading on the IRS website and they can take my husbands ex wife's husbands income tax check if he claimed her and her other children. So how come we have never gotten their refund check? She's almost 9000 behind? We filed with the attorney general's office in December to get help enforce child support that was already ordered. Is there a chance we will get it this year?

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aheuszel

Asked by aheuszel at 2:03 PM on Feb. 26, 2011 in Money & Work

Level 17 (3,855 Credits)
Answers (3)
  • If you filed a joint return and you're not responsible for the debt, but you are entitled to a portion of the refund you may request your portion of the refund by filing Form 8379 (PDF), Injured Spouse Allocation. Attach Form 8379 to your original Form 1040 (PDF), Form 1040A (PDF), or Form 1040EZ (PDF) or file it by itself after you are notified of an offset. If you file a Form 8379 with your return, write "INJURED SPOUSE" at the top left corner of the Form 1040, 1040A, or 1040EZ. IRS will process your allocation request before an offset occurs. If you file Form 8379 with your original return, it may take 11 weeks for Electronic Filed returns or up to 14 weeks from the date of filing if you file a paper return, to process your return


    http://www.irs.gov/taxtopics/tc203.html



    All they can take is her portion of the return if she worked.
    desert_diva

    Answer by desert_diva at 2:49 PM on Feb. 26, 2011

  • The only way to get an intercept is by opening a case with your local child support enforcement department and having them file for it. They are not automatic just because there is an arrears or a judgement. Individual can't file for them, and the ex must show income on the tax return.
    desert_diva

    Answer by desert_diva at 2:54 PM on Feb. 26, 2011

  • Why would they take his income taxes get hers.
    mamaofficer

    Answer by mamaofficer at 7:00 PM on Feb. 26, 2011

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