Little Elm, TX asked in Tax Law and Gov & Administrative Law for Texas

Q: Is it legal for irs to take my taxes for my kids dads debt? Never married.

I claimed him on my taxes or may have filed jointly back in 2017. We have never been married. Last year I was supposed to get 8913 back and irs took all of it. They said that he owed a debt from 2017, the only year I ever claimed him. This year they took 6271 because my last year taxes didn’t cover all of his debt. I have filled out all the proper forms and mailed to the irs more than once. I haven’t recieved anything from them. When I call they said no one has even started working on my case. He doesn’t work or file taxes so they keep taking mine instead. As I stated before that we have never been married.

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: You can’t file jointly if you were never married.

Because you filed jointly, the IRS likely believes you are married pursuant to common law in Texas.

Ordinarily, the IRS cannot retain one taxpayer’s tax refund to offset the debt of another taxpayer.

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