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Am I entitled to Injured Spouse back pay from IRS if not legally separated?

Seattle, WA |

My husband and I separated in March/13. He filed our taxes in April/13 and filed jointly. However, the IRS took all the money and applied it to his debt and child support he owes from a previous marriage. We don't have anything in writing that states it's his debt, though it's in his name. I also did not have income as I'm a stay at home mom. I have custody of the kids (2) both under 6 living with me though not court ordered. Do I qualify for injured spouse claim and if so, how much of the money would the IRS give me back, half? Thank you

Attorney Answers 3


You should re-post this on the taxation forum.

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This is an accountant question rather than a divorce issue.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

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I agree with both previous answers and getting the IRS to give back money just because you are not legally separated will be an uphill battle.
Good Luck

Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes

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