HELP!! Nothing but SCREWED OVER! Started by dkINTERLACE , Apr 21 2013 06:22 AM Please log in to reply 4 replies to this topic Posted 21 April 2013 - 06:22 AM Federal Tax Return and Child Support Payment Battle Really super long story, seriously!... chopped into a few words... My husband and I are in a battle with Arkansas re: a child support case which was closed 9 yrs ago. Arkansas has http://the-bankruptcy directorydirectory.com/ "decided to open it again. So you still owe the $$$$$." I have held off as long as I can to file my return, but we really need the cash. MY LEGAL QUESTION: If I can claim my husband and 2 daughters as dependents on my income tax return and I file a 8379 Form with my return... can the OCSEseize my return? 3,427 posts Posted 21 April 2013 - 07:46 AM It doesn't matter who you claim as a dependant. If you are filing a joint return, the portion of any refund attributable to his income will be intercepted. 2 posts Posted 21 April 2013 - 06:29 PM He had ZERO income for 2013. So does that mean the entire return is considered mine? So untouchable? 15,421 posts Posted 22 April 2013 - 12:08 AM If I can claim my husband and 2 daughters as dependents on my income tax return and I file a 8379 Form with my return... can the OCSEseize my return? Your spouse is never your dependent for federal income tax purposes. However, you may claim a personal exemption (same tax benefit as the dependent exemption) for him if you file separately, but only if only if your spouse had no gross income, is not filing a return, and was not the dependent of another taxpayer. You may also claim the dependent exemption for your kids on your separate return as well. If you file separately, then the entire refund you receive will go to you; none of it will go to his child support obligation. Note that if you do this and resolve the child support problem later, you may amend the separate return to a joint return if that gives you a better result. That must be done within 3 years of the deadline for filing the return. However, filing separately often gives you a lower refund than filing jointly.If you file a joint return with your husband, he may take a personal exemption for himself and the two of you may claim the dependent exemption on the joint return for your kids. You may attach the Form 8379 to ask the IRS to allocate the refund, with your portion going to you and your husband's portion going to the state for the child support offset. As you live in a non community property state, the IRS will look at the income, deductions, and credits and determine from that what share of the refund was attributable to his items on the return. If he had no income, his share will be pretty small but there might be something allocated to him because his exemption and and any increased deductions/credits you get because of him help to contribute to the refund. Note that it is NOT possible to amend a joint return to separate returns after the due date for filing the return has passed.
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