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Asked 2/6/2011

Will they beable to still take my state income tax when my husband owes child support but didnt work I did a injured spouse form for my federal tax

I am wondering if they will still take my state tax because of my husbands back support he didnt work

 
 
 
 
 
Answers

Answer 1/2 - Submitted 2/6/2011

If your husband has no income on your joint tax return, all of the income and all of the refund would be attributed to you. The IRS doesn't publish the formula they use for calculating an injured spouse, but if all the income is yours, all the refund would be as well.

Keep in mind, his not working isn't enough, though. If he has income from other sources that had withholding done, a portion of the refund would be attributable to him.

 
 

Answer 2/2 - Submitted 2/6/2011

Most states do not accept the IRS "injured spouse" form. You would have to find out if your state has its own practice or policy for injured spouse considerations. Most will take the refund.

 
 
 
 
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