I have 2 childeren from a previous marriage and 1 with my now husband. I didn't work in 08' and don't have a w2 form. He owes back child support. Can the irs take all his tax refund even though we have a family now and he has a daughter with me? When we filed our taxes the tax specialist said I could file an injured spouse form even though I didn't work and I would recieve some money back so I paid the fee and was expecting a refund. I didn't recieve it in the 10 weeks I was told so I called the IRS and they said I wasnt' getting anything back. Now I am confused because I paid the fee for the form and the tax specialist said one thing and the IRS said something else. What should I expect?