As an injured spouse do I have to have an income to claim a portion of the offset refund?

Asked about 1 year ago - Boulder City, NV

Can I claim portion of the offset refund? I did not have any wage earnings this year, but we do get money back because we have two children together and they make our return MUCH higher. Should the ex. benefit from a tax return that is greater because my husband and I have two minor children together and it gives us extra tax return money or should I be able to claim a portion of that money by filing a offset return?

Additional information

My husband does not owe current child support, but does still owe arrears. We are married and have a 16 and 14 year old at home still. I live in Nevada, a community property state. I have the understanding that 50% of his wages are mine as far as community property goes. I was not employed in 2012, his was the only income. Because of our two children we qualify for the Earned income credit and the Additional child tax credit. Our refund was approx 6,680.00. The IRS took the entire refund for Child Support arrears. This is not a community debt, therefore I am not responsible for any portion of it. Because this is a community property state and has different laws, am I right in thinking I can file injured spouse relief? How do they compute the amount of the return that would be mine because of the community property rules?

Attorney answers (2)

  1. Louis Theodore Wierenga

    Contributor Level 10

    5

    Lawyers agree

    Answered . Would you be willing to repost your question with added clarity? I think this may help you receive some responses.

    Louis T. Wierenga Assisting in mitigating your business and tax risks. www.LTWLAW.com E Ltw@LtwLaw.com... more
  2. Bruce Givner

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . If you are an injured spouse, that means you are not liable for some of the taxes caused by your spouse. If you file a joint return you should be entitled to a portion of the refund.

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