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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

Posted

You should re-post this on the taxation forum.

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Posted

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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Posted

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

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