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When filing an injured spouse form who is the injured spouse?

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When filing an injured spouse form who is the injured spouse?

Postby lindley » Thu Feb 14, 2013 3:22 pm

I am filing injured spouse because I have been advised to because my husband has been out of work on disability all year and has no income, but has back child support that will be taken from our taxes. The question I have is: Am i the injured spouse or is he? The form asks "who is the injured spouse?" Is it me?
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When filing an injured spouse form who is the injured spouse?

Postby irven » Thu Feb 14, 2013 3:30 pm

If you file a joint tax return, and your refund will be taken to pay your spouse's back child support, then you are an injured spouse. Attach Form 8379 to your joint tax return.

Pennsylvania is not a community property state, so part of the refund that is due to your income or credits may be refunded to you. The part of the refund that is your spouse's will be kept. There is no guarantee that this will happen, but it is sure that the only way will get a refund is to request an allocation of the refund using Form 8379.

If your husband has been receiving workers compensation, that is not taxable. But other forms of disability income may be taxable. Because of this and the injured spouse issue, you may want to have a professional do your taxes this year.
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When filing an injured spouse form who is the injured spouse?

Postby archambault » Thu Feb 14, 2013 3:34 pm

He owes, you don't. You are the injured spouse. The injury refers the person whose refund is smaller, not a physical disability. The form is 8379 and will add 2 months of processing time.

What state are you in? If you are in a community property state 1/2 of the refund will still go to the debt. In 3 states, the debt is considered yours too.
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When filing an injured spouse form who is the injured spouse?

Postby macalister » Thu Feb 14, 2013 3:46 pm

If you're getting divorced, why are you filing jointly? Part of divorce is separation of such things.

That said, you are the spouse who stands to be financially injured by the debts of the other. You are the injured spouse.
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When filing an injured spouse form who is the injured spouse?

Postby andreas » Thu Feb 14, 2013 3:48 pm

You are the injured spouse.

You know he must pay the child support eventually anyway, right? And it helps you for him not owe a ton of child support. So why not just...pay it?
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When filing an injured spouse form who is the injured spouse?

Postby ocelfa18 » Thu Feb 14, 2013 3:50 pm

The person who does NOT owe the debt is the injured spouse. That would be you.
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When filing an injured spouse form who is the injured spouse?

Postby wheatley » Thu Feb 14, 2013 3:55 pm

he owes the back child support which will take any refund, thus you are the injured spouse
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When filing an injured spouse form who is the injured spouse?

Postby connlaoi » Thu Feb 14, 2013 4:12 pm

If your husband is the spouse receiving disability, he would be the injured spouse.
Your statement here is not quite clear.
Is the back child support you mention, owing to another person or to you?
Do you live with your husband?
Any tax refund would first be applied to back child support payments if the children are living with
someone else.
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