Your husband can call FMS and see if his SSN is flagged due to child support.
1-800-304-3107.
If his SSN is flagged and you file jointly without a form 8379, the entire refund will go to child support. If you add form 8379, the IRS will review your income and his and allocate the refund between you. His part will still go to her.
Dear Jess: Always pay with a check and keep copies of the cancelled ones to prove that you/he paid. If there is a court date it is imperative that he is represented.
The $6,000 back support does not automatically go to his ex she must apply for the back payments and if her claim is upheld she will get his refund. You can protect your refund with the injured spouse form, but his refund will go for the back payments.
This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provided. Click on my profile to read more. Errol Quinn Enrolled Agent
if there is an order from the state for the back support, yes, any refund will be withheld
and yes, she will be paid the money
apparently you are not concerned about any portion that is your refund since you already have paid some of his delinquent support for which you need to have documented proof of payment(your canceled check)
however, in your case if you would like to get your refund back(if there is one) you could file married separately.
If the Child Support Enforcement Agency that is managing his case submits the debt to FMS for capture then his tax refund will be captured to offset the debt.
If he's making payments on time the CSEA may not submit it to FMS but it's strictly their call whether to submit it or not. A change in case manager could trigger a referral next week; there's simply no way to predict this. Even if he's not flagged now, he could be flagged next week, next month, or a week before you file your tax return.
Not showing up in court to defend oneself never works in your favor. Had he or his attorney been there with copies of the canceled checks, the ex would have been made the fool. But since he was not there to defend himself, her word would be taken largely as fact.
You can attach a Form 8379 to your joint return to protect YOUR share of any refund, however if his SSN has been flagged when the return is filed his share will be taken and forwarded to the CSEA and applied towards the debt. How much of any refund is yours and how much is his depends upon state law and how much income and tax withholdings you each contribute to the joint return. In a few states you'd be entitled to nothing. In a few more it would be half, and in the rest it would be a proportional share but no less than what you would have received had you filed separate returns.