brownie87045: My spouse owes child support back pay. well that effect us if we file together and our EIC for our children?
I have 2 children from a different relationship. he has one son, who he has custody of, and one daughter together. so the total of 4. we are planning on filing together, but i just hate my children’s money will go to someone else.
I have 2 children from a different relationship. he has one son, who he has custody of, and one daughter together. so the total of 4. we are planning on filing together, but i just hate my children’s money will go to someone else. Just so you know we both work.
Answers and Views:
Answer by Wayne Z
Are you working?
If so, file a joint return with a Form 8379 (Injured Spouse). The IRS will allocate the refund between you and your husband. His portion will be seized but you will get yours. The only drawback is time. It will take 12-16 weeks to get your money.
Answer by v b1. If you file separately, there is no EIC.
2. If you do not work, none of the EIC will be allocated to you.
3. Once there is EIC, there’s EIC. It doesn’t matter whose children are listed on the form. If only one of you works, the EIC amount is part of their refund. If you both work, the IRS will allocate the EIC (but not more than what is on the tax return) between the two fo you. The split is not 50-50 unless you both make the same amount of money.
Answer by ninasgrammaThe IRS will allocate your part of the refund at your request. Any part of your spouse’s refund will be used to pay child support he owes.
To request that the refunds be allocated, attach Form 8379 to your tax return.
In order to receive EIC you must file a joint return. EIC is based on two children, so you could argue that his children’s EIC is going to pay his other children’s child support. In any case he owes it, so he may as well use the refund to pay.
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