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I have been incarcerate for the past 18 in a half years, while

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being there I married and...
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: 8 years ago.Category: Tax
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Answered in 12 minutes by:
2/1/2009
Tax Professional: Marvin,EA, Enrolled Agent replied 8 years ago
Marvin,EA
Marvin,EA, Enrolled Agent
Category: Tax
Satisfied Customers: 1,672
Experience: Enrolled to Represent Taxpayers Before The IRS
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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 www.irs.gov/pub/irs-pdf/f8379.pdf, .

 

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.

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Category: Tax
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