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  1. #1
    Join Date
    Oct 2005

    Default over 18 and want to take income tax return

    My husband just recently went to court for back child support. The judgement was lowered to 25 per week because we are raising a grandchild (the child we are paying support ons child) She is 21 and in the prison. The arrears is almost 8 thousand and they are now sending us a notice that they want our income tax return. When we went to court the only thing they made a judgement on was the 25 per week nothing about the income tax return. My husband would not get any return if he was not claiming me and my children however my income is hidden in the business (I do bookwork and dont have a salary) so would an injured spouce be the way to go? Also I have read somewhere that they cannot take your income tax return for a child over 18.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Child Support Arrearage

    You can't claim "innocent spouse" to avoid having the tax refund from a joint return taken to pay child support. That defense is available when one spouse commits tax improprieties without the knowledge or awareness of the other spouse. Also, if you are not reporting any income of your own, there's no basis to suggest that the refund comes from your income, as oppose to your joint earnings.

    They can go after tax refunds as long as there is an arrearage.

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