Legal Question in Family Law in Minnesota
While I'm pay child support, I still have a balance when I was unemployed. I recently remarried. If she claims head of household, will our tax refund still be subject to being withheld to pay back what i owe?
2 Answers from Attorneys
Yes, it is very likely that your tax refund will be subject to recapture if you have a child support case open; however, you can make an injured spouse claim if the reason you received the return is due to your spouse's income. Call your child support officer and he/she can give you the details on how this works.
If you have a child support arrearage, you State and Federal returns may be intercepted to pay any arrears that exist. If it is a joint return, the payment will be held up but, your spouse may file as an injured spouse seeking to be allowed that portion of the refund attributable to her income.
For Minnesota issues call 612.240.8005
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