Will my tax refund go to husband's owed back child support?

Child Support 2 views 3 answers
Hello Everyone and Happy New year ! My husband owes back $12,000 of child support from many years ago, however he's been paying his monthly payment plus arrears since 5 years ago. For immigration purposes (im in process to get my permanent residency) I'm planning to file taxes as married with my husband. Will I be able to keep my refund? Please help.

Attorney Answers

3
Joseph Torri ·
It is highly likely that your refund will be intercepted. Consult a tax specialist to try and find the best way to file. The immigration issue is key. Permanent residency is critical, and the potential of paying more through any possible interception would be worth the cost.
0 upvotes
Dana Atchley ·
If you file a joint return then it's possible that the refund amount will be taken and applied to his child support arrears. If that happens, however, under appropriate circumstances you may be entitled to so-called injured spouse relief. The IRS has a basic FAQ on the topic here: http://www.irs.gov/uac/Seven-Facts-about-Injure...
0 upvotes

People Also Asked