Law-Forums.org

[wynn]

My husband and I live in the state of Texas. He owes some back child support to his ex wife for the one child they had together. This was the first year (2007) that we were able to file our taxes jointly. We filed as "Married Filing Jointly" and I also filed an "Injured Spouse Claim" in hopes that I would be able to get my portion of our tax return.
It turns out that my portion of our tax return has been taken and given to his ex wife, despite the filing of the injured spouse claim due to "community property laws of Texas".
Can anyone explain this to me? The IRS was not helpful on the phone. When my husband had his child support reviewed recently, they did NOT consider my income when determining the amount, so why do they consider my income when repaying the back amount owed?

[achimelech51]

Your income is considered seperate from the original child support and cannot ever be included as this is only between mom and dad of the children.Now that your married though your combined income becomes one for both of you since both has access to it so the Govt can take your tax refund and useit to satisfy his back child support owed as he has equal access to the refund. Hope this makes sense

[teyo]

My stepson and his "wife" cannot get married because of this. The state will attach her money to pay for this if they get married.California.

[wattekinson86]

I think what happens is when you filed jointly the money is also his...so yes they will take that money for back child support...However, if you filed speratly then you would have gotten your money....You are not responsible for his child support....So I would suggest not to file jointly untill he has paid up his child support or they will just keep taken all the money that you yourself are intiled to....good luck to you...

[weiford]

I know of another couple who went through the same thing and the IRS tried to take the money every year. They like to audit people who challenge their methods.