Mike Lewis <jmpj[at]cableone.net> wrote:

- quote -

If it was me, I would not have gotten married in a community
property state while an obligation like this was outstanding.

MTW

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My son pays child support and was behind in 2003. He also
remarried in late 2003 a lady who has 4 children. They live
in TX, a community property state. When they figure their
taxes MFS, he owes a small amount of tax and she has a $3400
refund. When filed MFJ, they have a refund due of about
$6400.

If they file form 8379 "Injured Spouse Claim and
Allocation", will IRS refund the portion shown as due the
wife? If it was you, how would you file to make sure the
wife is not affected by his delinquency on child support?
Our thinking is the bigger tax will be used to pay back
child support, but if IRS can/will take part of what the
wife could have gotten, he doesn't want her charged for his
responsibility.

Mike Lewis, CPA

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