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I am filing a joint return with my husband he owes back

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I am filing a...

I am filing a joint return with my husband he owes back child support but has no taxable income he is on disability should I file form 8139

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I am filing a joint return with my husband he owes back child support but he has no taxable income as he is on disability do I need to file form 8139

Submitted: 12 months ago.Category: Tax
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Customer reply replied 12 months ago
made a mistake it is form 8379
Customer reply replied 12 months ago
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2/27/2017
Tax Professional: Lev, Tax Advisor replied 12 months ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 31,361
Experience: Taxes, Immigration, Labor Relations
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If you file a joint return and all or part of your refund is applied against your spouses’ past-due federal tax, state income tax, child or spousal support or federal nontax debt, such as a student loan, you may be entitled to injured spouse relief.

To be considered an injured spouse, you must have made and reported tax payments, such as federal income tax withheld from wages or estimated tax payments, or claimed a refundable tax credit, such as the earned income credit or additional child tax credit on the joint return, and not be legally obligated to pay the past-due amount.

If you filed a joint return and you're not responsible for the debt, but you are entitled to a portion of the refund you may request your portion of the refund by filing Form 8379, Injured Spouse Allocation.

That will allow you to avoid garnishment on your portion of the tax refund.

But that will not resolved your spouse's debt obligations....

Let me know if you need any help with filing this form.

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Tax Professional: Lev, Tax Advisor replied 12 months ago

If you filed a joint return and you're not responsible for the debt, but you are entitled to a portion of the refund you may request your portion of the refund by filing Form 8379, Injured Spouse Allocation.

That will allow you to avoid garnishment on your portion of the tax refund.

But that will not resolved your spouse's debt obligations....

Let me know if you need any help with filing this form.

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