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[pascoe69]

The original return should have been 6404 and we got 1195 after the debt and innocent spouce was claimed. I was told i have a right to 50 % as an innocent spouce and in the state of texas with the community property laws. I didnt get near half. The money was for a child support debt in which is paid on a weekly basis also for current and back pay so its not like its not being paid and what makes me angry is me in our children were claimed on this return and the reason the return was so much is earned income credit on our children and they took almost the whole thing how can they do that its just not right to me. Myself or my children have no part of this debt. Can any one offer me any info?

[ayize]

Child support that is in arears, or backed up, can be taken from a tax refund. You will have to retain a lawyer to get anymore out of it.

[lifton]

How much they take depends on how much of the return is considered 'yours'. My husband made very little money and paid no federal taxes out of his checks. Whereas I made a decent amount, had about $5k in federal taxes withheld from my checks and quite obviously supported the children (dependents) .... So, although he owes back child support, not much of our return will be garnished because most of the return is considered mine.

I have to file an injured spouse form every year, I am always quite annoyed at the amount of time it takes for me to get my return.

[jasper]

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[rushford79]

If all this bothers you, then divorce him & just live together. Then, you'll have ALL of yours & still have him too.

[rolfe16]

If you file as an innocent spouse you only get the portion of the refund that belongs to you,based on what you earned. At least that is how it worked when I filed as an innocent spouse. Any arrears for child support can be taken out of his portion of the refund. I never heard of the 50% rule and I also live in a community property state. File seperately next year if you still have this debt and you claim the children. You will probably make out better than filing jointly.

[bret11]

Its aggravating but I know there are certain laws that state his debt is your debt because you are married

[ruddy]

its up to the IRS to find out how much goes to one spouse and what goes to the other. if you have questions then you need to call the IRS and have them explain to you how it was split. Just because you file that way doesn't mean that the IRS has to honor the innocent spouse form.

[donough]

Actually, the IRS computes what portion of the refund 'belongs' to each spouse based on a number of factors. 50% is almost never the amount. As for claiming YOU have no part in the debt, YES YOU DO. You married HIM and his child support comes with him.