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Marvin,EA, Enrolled Agent
Category: Tax
Satisfied Customers: 1672
Experience:  Enrolled to Represent Taxpayers Before The IRS
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I have been incarcerate for the past 18 in a half years, while

Customer Question

I have been incarcerate for the past 18 in a half years, while being there I married and; I just recently came home 7months ago. at the age of 15 I became a father, at 16 the welfare department contacted me about child support. But, I took care of my son whom is now 26 years of age. I went to jail at 22, they told me in my paper that child support was owed. the whole time I was in prison they never contact me. well I am home, an my wife filed income tax, an put me on it. can they take her money?
Submitted: 7 years ago.
Category: Tax
Expert:  Marvin,EA replied 7 years ago.

Hello and thanks you for using Just Answer. The IRS can withhold a joint return if one spouse owes past-due child support. A spouse not required to pay the past-due amount may received all or a portion of the couple's refund by filing Form 8379, Injured Spouse Allocation, .


The IRS calculates the injured spouse's refund as follows:


1 Each spouse's tax is calculated as if they filed separately.


2 The injured spouse's separated tax is divided by the total tax for both spouses calculated separately.


3 Percentage from step 2 is applied to the couple's actual joint tax liability to get the injured spouse's share of tax.


4 The injured spouse's payments are subtracted from the tax.