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| *Loan,banking and credit>>>child tax |
Tax refund... spouse's refund taken because of other spouse's back child support. Is there anything to do? |
Any forms, phone calls, etc to gain the portion of the jointly filed tax return owed the spouse who is not on the hook for the support payments? May not matter but they are Jersey residents. You can file an "Injured Spouse" form. It is Form 8379 (I think). You can file it separately from the return. You need not amend the original. If approved, the IRS will send a portion of the money in about 10-12 weeks. nope, next year file seperately File separately or ask about filing as an Innocent Spouse. My daughter had to do that. It may not be too late to file an amended return, but that is why there are tax offices to talk with. Contact the nearest IRS office and get the ball rolling. If it's a joint return, then joint refund can be taken. If spouse filed as married filing separately then legally the refund should not have been intercepted. I use to live in N.J. and it's a tough state when it comes to child support. I have seen a judge combine the income of a married couple and have a percent taken from that for child support. The best thing to do is hire a lawyer even if it's just for a consultation. You need all the legal info you get. Good luck ******************* The spouse who was NOT responsible for the debt should file an injured spouse form - see http://www.irs.gov/pub/irs-pdf/f8379.pdf... for the form and instructions. Then only the part of the refund on a joint return that is due to the person who actually owes the debt will be taken. You can also file as married filing separately, but depending on circumstances that could cost you quite a bit in extra taxes. |
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