Asked in Tax Law and Child Support

Q: Is my irs refund subject to deferment if I file jointly with my spouse who owes back child support

My husband owes arrears for child support for a term of Incarceration. He is paying monthly but has had difficulty getting a job with a felony conviction. He hasn't earned any income in 2019 and I have been paying the monthly payment to keep him from being sent to jail. The child who the support is for is grown now and we have a 12 year old daughter who is blind. I would like to file a joint tax filing but I don't know if the IRS will send the money to child support. Can you help me with this?

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1 Lawyer Answer
Linda Simmons Campbell
Linda Simmons Campbell
  • Tax Law Lawyer
  • Burlington, CT

A: You can fill out Form 8379, Injured Spouse Relief. It will delay your refund a bit but you should get what you would be entitled to if you filed separately.

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