Injured Spouse ... Ask TaxMama ... February 6, 2004

Ask TaxMama.Com
Tax Information With A Mother's Touch

Published by Eva Rosenberg, MBA, EA
Volume 6, Issue 245 February 6, 2004


	Things to Do or Know in February
	Emergency Numbers
	Gambling Losses
	HSAs - Get One of Your Own (more)
	Working On Contract
	Tax Credit Mutual Funds
	Injured Spouse


	E-Filing Alert From IRS


	Home Remedies & Life's Rules

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Injured Spouse

» From: Eureka, CA

Dear TaxMama:

How does the IRS calculate the amount of a refund to allocate to the injured spouse?

My husband owes child support and I'm trying to decide if we should file jointly with injured spouse, or separately and miss out on the dependent care credit.

I live in California and community property laws apply, but I can't find out what those laws are.

Thanks for your help.

Joanna

Hi Joanna,

That's such a shame.

A guy really needs to deal with his obligations to his children. I totally hope he's better at spending time with them than he is honoring his financial commitment to them.

Sure, it's tough when you marry a guy in that position. But it comes with the territory.

As for the injured spouse situation, IRS has lots of information just for you.

You can still file jointly. You will need to attach Form 8379 (the link is in the IRS FAQs page above).

How will this work?

Any part of the refund on your tax return related to your husband's income and his withholding, IRS will take.

Refunds based on your income and your withholding, IRS will release to you.

I do urge you to sit down with a good tax professional and have your husband change his withholding so that he pays in only as much tax as he owes. If you were planning on using his withholding as a way to build up savings - don't. Instead deposit a chunk of money into a savings account from each paycheck. (You can often do that through automatic deposits at work, or with automatic transfers at the bank.)

And until he catches up with his back support, you will always be facing extra work to get your taxes, bank accounts and any other assets released from liens. So get him to deal with this. I generally find that a good wife can help a man bring his financial house back into shape. So, don't fight this debt or ignore it - help him address it and resolve it.

Good luck.

Best wishes,

Eva Rosenberg
Your TaxMama

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