Question about owing past fed taxes

[Kristy]

Ok so a few years back my then husband forgot to file a w-2 with his taxes. If he had filed it he wouldn’t have qualified for eic (3 kids). At that time we filed joint return. I never dealt with taxes or finances as a rule. My ex was controlling and I wasn’t even allowed to be joint on any bank accounts. We aren’t together anymore.

Ok so this year they are taking that eic money including penalties and interest back. Being on my own now with our kids I have been working and last year filed taxes on my own and received my entire refund. I file the kids because he pays me nothing at all during the year. I wish he would hel out he earns over 60k a year and I work 60 hours a week as a server.

My question is …if my return is processed before his will the irs take the entire debt from my return? I made sure he said he filed first before I filed, but things aren’t going in order so I am worried. I get they feel I owe the debt in its entirety due to joint filing, but was hoping they still might take just 1/2 from me and 1\2 from him.

I use the money to pay up housing and bills for me and my kids. I won’t see a dime if he gets his refund and they take mine!

Thanks!

[EllaHalligan]

You guys really need to look into filing innocent and injured spouse claims. The last year we were married my ex MASSIVELY screwed up the taxes. For five years afterwards they took my return (and it never seemed to make the debt go down). Finally, I sat down and filed the innocent and injured spouse forms for each year from the year that he messed it up until that tax year (this was about 5 years ago now) and I not only didn’t continue to have my tax refund seized, they paid me back just about ALL the tax refunds they had seized since we divorced!

It’s well worth the hassle of the paperwork!

[JuicyPinjs]

https://www.irs.gov/taxtopics/tc205.html

[Ash]

This happened to me last year. Took over 6,000$ from me. For his debt. On a joint return from 2012. Yes. If they get to you first they will take whatever it is owed that’s tied to that joint return.

Sorry girl :(

[Author]

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