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abcbarnes
Feb 4, 2008, 05:52 PM
Before my husband and I got married he owed Federal taxes that we have been making payments on. *If we both filed separately, would the IRS take my refund to cover his owed amount?? * We also have a child... *Can I claim the child as a dependent as long as my husband does not?*

Fr_Chuck
Feb 4, 2008, 06:23 PM
From my understanding you can actually still file jointly and you can merely file a "injured spouse" which allows you to get back your percent of the refund.
At least this was what we used to do, I am sure another tax expert will let us know if and how it is still done.

AtlantaTaxExpert
Feb 6, 2008, 01:42 PM
Fr Chuck is correct. You can file Form 8379 as an Injured Spouse and get your share of the refund.