How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lane Your Own Question
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 10824
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
1929974
Type Your Tax Question Here...
Lane is online now
A new question is answered every 9 seconds

This question is about taxes that were filed in 2014 by

Customer Question

Hi, My name is***** This question is about taxes that were filed in 2014 by Timothy Laverne Whitaker. , who is my child's Father. He said he filled on December 31,2015. With a refund amount of $1,237.00. The entire amount is suppose to come to me for BACK CHILD SUPPORT. He got an offset letter from the IRS, I wasn't aware of. So after checking the IRS.gov website, it said to contact a Financial Management #, no one answered. I also read that his refund was put towards Refund Offsets for unpaid Childsupport & certain fl Federal, State & unemployment Compensation. I was told Child Support payments ,either their back pay or previous hey take presidence over any other debt. So why didn't I receive any of the refund or a letter from the IRS saying where the refund was applied to, because I was suppose to. Should I file format 8857 now to get the entire refund back?
I'm extremely upset,
Sincerely, *****
Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.

Hi Megan,

...

I hold a JD (Juris Doctorate, a doctoral degree in the law), concentration in Tax Law & Corporate law, an MBA (specialization in finance & tax), and BBA from mercer University’s Stetson School of Business and Economics, as well as CFP® and CRPS designations.

...

What innocent spouse relief does ... there are three types ... is relieve you of responsibility for taxes when, even though you signed a joint return (and would normally be liable for all of the tax debt) relieve you of that obligation

...

  • Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse failed to report income, reported income improperly or claimed improper deductions or credits.
  • Separation of Liability Relief provides for the allocation of additional tax owed between you and your former spouse or your current spouse from whom you are separated when an item was not reported properly on a joint return. The tax allocated to you is the amount for which you are responsible.
  • Equitable Relief may apply when you do not qualify for innocent spouse relief or separation of liability relief for something not reported properly on a joint return and generally attributable to your spouse. You may also qualify for equitable relief if the amount of tax reported is correct on your joint return but the tax was not paid with the return.

...

But it's NOT a way of getting unpaid child support back ... the fact that it was captured becasue OF unpaid child support shows you that your state has asked for assistance from the federal government in getting this money back.

...

In some states, you can receive back child support from the state. The state then pursues getting the debt repaid.

...

Can youn tell me your state? I can get thee regs for you and see what the process is

Expert:  Lane replied 1 year ago.

The form you may be thinking of (for getting back your portion of a captured refund is this one:

...

https://www.irs.gov/uac/Form-8379,--Injured-Spouse-Allocation

...

The injured spouse on a jointly filed tax return files this form to get back their share of the joint refund when the joint overpayment is applied to a past-due obligation of the other spouse.

Expert:  Lane replied 1 year ago.

Then to get back the other half (IF this was ALL about unpaid child support and not about owing taxes) you need to contact your state and explain that his refund was captured by IRS and ask what the process is for getting any money that was remitted to them by IRS

Expert:  Lane replied 1 year ago.

Hope this has helped...Let me know if you have questions.

...

If this HAS helped, (and you don’t have additional questions on this), I'd really appreciate your positive rating … (by using the stars on your screen) … … That’s the only way I'll be credited a portion of what you've paid JustAnswer.

...

Thank you,

Lane