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?
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?