Here's a reminder:

IF you are currenlty in ARREARS for CS owed or you OWE arrears, MOST agencies (that I know of) now MUST report to the FTB (franchise tax board) & they will garnish ANY tax refund you are due to pay for the arrears.

This will $uck if you are 'married filing jointly' becuase they will take the ENTIRE thing, UNLESS you file an 'Innocent Spouse Claim' WITH your taxes.

You can go online to find the form or call the IRS to request one. THis will enable YOU to recieve YOUR HALF of the refund because you are NOT obligated to the CS.

IT will slow down your taxes being processed (takes extra time) but you will get YOUR portion. You MUST explain on the form WHY you are entitled to your HALF. (duh! <img border="0" title="" alt="[Roll Eyes]" src="images/icons/rolleyes.gif" /> )

It is the SAME form used when a spouse has a TAX lien or something like that.(owes back taxes)

IT is also my understanding that this only applies to FEDERAL taxes (?????) & if you live in a 'community property state' you will NOT get back ANY of your portion of the state refund.

This IS legal. <img border="0" title="" alt="[Big Grin]" src="images/icons/grin.gif" />

Also, I don't think they notify you BEFORE HAND if they will take your refund for SURE, so it is good to be prepared & just file it w/ your taxes.(IMO) Like I said, it will slow down the process BUT will insure you get @ least HALF of your refund if they were planning on siezing it.

Happy tax time! <img border="0" title="" alt="[Big Grin]" src="images/icons/grin.gif" /> <img border="0" title="" alt="[Big Grin]" src="images/icons/grin.gif" />

xoxoxoxo
kt

<small>[ February 08, 2005, 03:59 PM: Message edited by: ktbunch ]</small>

Hi kt,

Just wondering if you could help me out? My husband still owes arrears. We pay extra each month with CS payment to cover this. I remember you posting about this once before.

I called the agency who does our taxes each year. They told me since I'm a STHM; I wouldn't be able to file the injured spouse claim. But H and I do file jointly every year and have since we married whether I worked outside our home or not.

Can I still file this claim even tho' I don't have a paying job?

Thanks,
litlone

hmm. MAYBE that is where the 'community property state' laws come in.........if you live in one then AUTOMATICALLY anything that is yours is HIS & vice versa. SO you would be STILL be entitled to it.

As far as I know.

I would call the IRS directly & ask them. You can question them anonymously.

When I filed mine I had no income to report(I think?) & they weren't gonna take our refund anyway (found out later when I called to check status) that year but I did it anyway to be safe.

Good luck!

xoxoxox
kt

Litleone-

I am in a commonwealth state- so my taxes are automatically "eaten" alive unless I file an injured spouse form---- you can even go back and file an amended return with the injured spouse for 3 years back if you want.

However, without an actual income (for SAHMs) you just have to accept that they will suck up your tax return. <img border="0" title="" alt="[Mad]" src="images/icons/mad.gif" />

What I do now--- is just file Head of Household -- you can file this for yourself and your dependents IF you were seperated from your spouse
for the last 6 months of the year. My H established a new address for himself so that we could accomplish this.

I don't believe it is wrong to GET my own money--from the greedy tax hogs. I supported 5 people in our household YES, more than 50% (which is mostly how Head of Household is established) but cannot claim it due to small little stipulations like being MARRIED (and my H made next to nothing last year)..

I REFUSED to let the IRS KEEP my money when we are struggling and when I work my [censored] off to support our household this year. I'm sick of watching welfare moms who get huge refunds and I get ZERO because I am working 50 hours a week!!! <img border="0" title="" alt="[Mad]" src="images/icons/mad.gif" /> (AND I have NO problem WHATSOEVER with those who use the system and NEED it)....

And also BEWARE of another thing regarding ARREARS---

CHILD SUPPORT AGENCIES WILL FREEZE YOUR BANK ACCOUNT IF YOUR H OWES MONEY.... BEWARE if you have any accounts w/your H's name on it, and he owes money to government agencies or in child support.

I have worked in the legal field for years and a few of those years I worked for a collections lawyer. THEY CAN LEGALLY FREEZE ACCOUNTS to obtain these debts. Not to scare anyone, but our firm did this ALL THE TIME for a support agency who used our services !!

Hope this helps!

<small>[ February 09, 2005, 09:29 AM: Message edited by: giovanna123 ]</small>

No comment really, other than to sing:

HA, HA! I already did my taxes AND got my refund!

And then to dance the happy, happy, joy, joy dance around my desk....

(giggle)

Deal---- I am dancing w/you!! I FINALLY got 1/100th of what I REALLY deserve!!

Only prob is.. I'm dancing to R&B & Hip Hop-- and you are a dancing to country.. still think we can coordinate our "moves" ? LOL!!!

Thank you all for your help. I checked the irs site in the state we're in; they say they do not honor the injured spouse claim here. My sister says she knows someone who filed and received her half of the taxes; but the lady works. There was a number on the site that I can call.

We got our return back last year before they could get to it; but I don't think we'll be that lucky this time. Even if they don't take it out; I believe we'll go ahead and pay it off anyway, just to be rid of the extra worry.

thanks again,
litlone

Yes, Litlone- at least look at it the way you are-- if you cannot have money IN HAND this year--look at it as if you are investing in a REAL tax return for the coming years! Thats the next best thing.. paying off debt!

Antoher tax tip........my girlfriend told me which I did not know.......that if you pay more than 7.5% in sales tax, then you can deduct your sales tax. So grab a shoe box and start saving your receipts!!!!!! The grocries, you buy that are taxable, clothes, school supplies, anything...car.........I don't know how that one pass me by last year.