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If my husband has back childsupport and we file federal taxes jointly, will that effect how much I get back?

Before we were married he wasn't getting a tax return because all of it went to pay off his back childsupport. I have always gotten a tax return. I am wondering if I file jointly with him if they will take all of our taxes or my portion of it will be returned to me? I am trying to figure if it would be best for me to file jointly or seperately.

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  • 1 decade ago
    Favorite Answer

    Three options:

    1) File Jointly. They will seize the entire refund and apply it to the back child support

    2) File Separately. They will seize his refund. You will get yours. Keep in mind that it may be much lower than you have received in the past as people filing Married-Filing Separately do not qualify for many credits and deductions.

    3) File Jointly with a Form 8379 (Injured Spouse). They will allocate the joint refund between the both of you. His will be seized and you will receive yours in 10-12 weeks.

    NOTE: Filing as Head of Household is no longer an option for you as you are married.

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  • Judy
    Lv 7
    1 decade ago

    To keep your part of the refund if you file jointly, you can file an injured spouse form with the return.

    Or you can file as married filing separately and your refund won't be affected - calculate it both ways though, since with MFS you might or might not pay a lot more tax.

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  • 1 decade ago

    File MFJ with an Injured Spouse form. The IRS will take the portion of the refund that results from your husbands income. Your portion, however, wont be touched.

    Generally I don't suggest people file MFS, there are only a few instances where MFS will result in a lower tax liability than MFJ. But always have a "qualified" tax advisor run the figures both ways. Who knows, you might be one of the cases where MFS is better.

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  • 4 years ago

    The IRS did an audit on your returns, and might have found some mistakes or omissions. It has nothing to do if you had a refund or not. Hard to judge if it is fair or not. Review the IRS letters closely and find out the reasons why, compare to your tax return from that year. The IRS could have made a mistake as well. I suggest your contact a local enrolled agent or a tax CPA.

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  • 1 decade ago

    theres a chance you could get screwed outta ur money also, i would ask a tax person to be sure, but until you find that out i would file separate so you get ur chedder back. i was in the same boat the first few years i was paying, but i have been caught up for like the past 10 yrs or so. i enjoy getting my money and it not going to a woman who doesnt spend it on what its supposed to be spent on.

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  • 1 decade ago

    It would be less complicated to just file a separate return. If you do file together, their is an 'injured spouse' form you can fill out, to help offset the damage.

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  • 1 decade ago

    you file separately if he owes and you file jointly they going to take the balance of support out of check

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  • 1 decade ago

    If you file jointly they can take your return money too.

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  • 1 decade ago

    Ooh never thought about that one... Good question, I am assuming that if he owes and you file jointly then um YOU OWE TOO!!

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  • 1 decade ago

    They will take your tax return if you file a joint return...his debt is yours now that your married....file separate returns and put it in a savings account....you'll thank yourself later..

    Source(s): life... been there done that
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