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Question

Asked 1/20/2012

2011 Tax Returns

Will the responsibility of a back child support pass to the surviving widow when filing jointly on 2011 tax return?The deceased had his Taxes garnished in prior years but passed 2011 and according to IRS widow is able to file jointly, will they garnish her?

 
 
 
 
Answers

Answer 1/4 - Submitted 1/20/2012

Well since her spouse has died and she is not the maternal mother of the children . She will not be obligated to support children she has no ties to.

 
 

Answer 2/4 - Submitted 1/20/2012

When husband was living the IRS did garnish their joint taxes, as she will again file jointly as allowed rather than widowed should IRS be advised by letter of death to avoid SNAFU?

 
 

Answer 3/4 - Submitted 1/20/2012

You can file jointly and attach an injured spouse form to shield your portion of the refund from being taken to pay his child support obligation. Any of the refund attributable to his income can still be offset, but your portion will not be if you file the form with the return, which you can find here: http://www.irs.gov/pub/irs-pdf/f8379.pdf

 
 

Answer 4/4 - Submitted 1/21/2012

Are there still children in the widow's household? If not, filing separately might be the better decision. Filing jointly is an election, not a requirement.

 
 
 
 
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