Batesville, MS asked in Family Law and Child Support for Mississippi

Q: My husband and I remarried in 2020. He is a disabled vet and doesn’t pay taxes. I filed a joint tax return at the end.

They took the taxes even though he doesn’t pay taxes to pay back child support on our case. The case was closed in March after they took our taxes. However, we still can’t get out taxes released

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1 Lawyer Answer
William R. Wright
William R. Wright
Answered
  • Ridgeland, MS
  • Licensed in Mississippi

A: I really don't have enough facts to be confident about my answer. However, I am assuming you meant that the IRS took your refund. If either joint filer has a back child support issue, any refunds can be confiscated by the IRS. I don' t believe that the IRS will release the confiscated refunds. If he still owes back child support, you should not file jointly with him until you are confident that he is current with his child support obligations.

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