Married in 2016
I'm the only one with income
I received a tax refund but it's being held towards arrears child support from husband debt prior to marriage
If you file jointly you will need to file a request for innocent spouse relief in order to receive your tax refund. In this case filing separately may be your best bet. Good luck. Stephen.
Talk to your accountant about filing separately in the future. Consult with an attorney about filing an innocent spouse petition and the benefits of keeping separate accounts and other assets.
If you find this information HELPFUL, feel free to click on the "Helpful" button. This observation is provided without warranty nor guarantee and for entertainment and informational purposes only. This answer is not legal advice. Not to be used as infant formula. No attorney client relationship is established as a result of these communications. The best legal advice you can get is to consult with an attorney licensed in your state or territory.
Please note, the request you need to file is not an "Innocent Spouse" request, it is an "Injured Spouse" request. Injured Spouse relief is when you are requesting your portion of a tax refund when the refund has been or will be taken for your spouse's separate debts collected through tax refunds. You can find the required form (Form 8379) and additional information on the IRS website or by following this link: https://www.irs.gov/uac/form-8379-injured-spouse-allocation You can file this even after the refund has already been taken towards the debt.
In the future, you should consult with your tax professional about the benefits of filing separately versus filing jointly and requesting injured spouse relief.
Please note this information is general in nature and based solely on the information you have provided. This does not constitute specific legal advice.
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