Tag Archives: IRS 8379 form

Protecting Assets When Your Spouse Owes Child Support

You love your fiance, but don’t love don’t love that (s)he owes back child support. Is there a way to make sure you aren’t paying for his(her) children from another relationship? You bet!!

Your income is, under normal circumstances, only relevant to determine the tax bracket. But what about checking and savings accounts? You need to keep your account separate and under your name only. As long as your spouse’s social security number is on an account, it can be levied to pay back child support.

What about taxes? If you are expecting a tax return, you can either file separately or file an “Injured Spouse Allocation” form with the IRS, form 8379. This results in whatever portion of the tax return that represents his portion is retained, but you are sent the remainder. The problem is that you cannot file your taxes online, but must mail them in with that form. Here is a link to the instructions to determine if this option works for you:
https://www.irs.gov/pub/irs-pdf/i8379.pdf

For further information, it is advised that you contact a tax attorney who can advise you regarding what you should claim.