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Child support collected my ex husbands tax return. his wife filed injured spouse claim when they first filed.

Chickasha, OK |

she already received her money. will i have to wait six mths?

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Attorney answers 1

Posted

State or Federal?

Refund is just an overpayment on withholding.

When you overwithhold to the point that you get a refund that is more than $5, the taxpayer is hurting himself. This money simply represents a loan of taxpayer money to the government for which the taxpayer is not compensated with any interest. Even worse, the tax refund can be taken.

Who knows where the money is in the system?. Who knows whether the basis for injured spouse is?

Remember, mechanism for support is state administered, but injured spouse is likely federal.

The two might not even relate.

What does your CPA/Tax attorney/family law attorney say?

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Curt Harrington
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Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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Posted

Ex husbands wife filed injured spouse claim when they first filed taxes and she already received her part of tax return. do i have to wait six months for my back child support?