I recently married and my husbands tax refund goes to child support arrears should we file seperatly?

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  • Anonymous
    9 years ago

    ABSOLUTELY.

    File separately and have him check the box to apply his refund towards next year's return. This will keep them from stealing it. Also, he should increase his dependents on the FED form by 2 and leave it there. This will keep him from getting much back and thus they won't be able to extort it next year. I'd raise it even more initially to get the money back (that you carried over) in the form of his paycheck than drop it to just 2 over and walla. It's a little known trick that can save you thousands sometimes!

    Do not file together or they can take it all even if it came from you partly. You can file a special form but it doesn't work well and you risk loosing it all.

    I'd also consider having your refund and money deposited into a separate account or they just might try to grab it on you as well. His name can't be on the bank account at all otherwise once arrears hits a certain amount they can steal it.

    Good luck

  • ?
    Lv 7
    9 years ago

    Talk to your tax person. THEN you ask you tax person to recompute what your tax bill will be next year if you make X. Then you ask how much do you have to have withheld so you don't have to pay a penalty for not having enough withheld. That will be a percentage - the last I knew it was 80%. In other words - the 2 of you will likely make X this year. If you file married filing jointly then your tax due next year will be Y - you must have 80% of Y withheld or you'll have to pay a penalty. So - what you do is multiply Y by 90% - then you reduce your withhold to the point where you'll meet that 90% line - no penalty - no refund. You'll owe that 10% when you file - but at least he won't loose money to her paying back child support.

  • 9 years ago

    You don't have to. They can't legally take your portion of it unless you sign a paper releasing it. You will need to file an injured spouse claim with the IRS in order to get your portion of your tax return.

    Source(s): I used to be a child support enforcement case worker
  • 9 years ago

    No. You have the nice surprise that you are also responsible for that back child support. He told you that he will make those child support payments. But what it really means is that any money he sends to his ex for the kids is money that comes out of your joint checking account. It is money that you will never be able to spend, save or invest. If he loses his job, you will work to pay the ex.

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  • 9 years ago

    Yes.

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