Legal Question in Family Law in Michigan
income tax returns
A portion of my income tax was taken, when I called the IRS they stated that the portion taken was since my spouse did not work but we filed jointly, and then it was used to pay child support for the children we have together. Is there any legal recourse and how do I fight this for my upcoming tax returns. HELP!
2 Answers from Attorneys
Re: income tax returns
I am not clear about your question. Are you separated or divorced? You stated that you filed jointly with your spouse, and taxes were withheld for children you have with your spouse. This money will be forwarded to your spouse -- unless your spouse is indebted to the state for welfare funds. If you are married, living together and raising your children together, then IRS needs to refund the monies.
Re: income tax returns
The situation you described doesn't really make sense, but in general, to prevent all or part of your income tax refund from being taken, don't owe any back child support.