QUESTION
If I claim my fiancee on my 2020 taxes, will I become responsible for his child support owed?
Asked on Dec 30th, 2020 on Child Support - Oklahoma
More details to this question:
My fiancee and I have lived together for about 2 years. He became unemployed in January and I have been responsible for both us us financially all year. When the first stimulus check came, his all went to his child and he recieved a message saying his back child support was paid off. However im sure he's incurred more since then. Am I able to claim him as a dependant? If so, will that make me responsible for his child support as in- my potential refund would go to the child? Are there any concessions in child support for unemployed people who are not receiving unemployment benefits and have been completely financially dependant on someone else?
1 ANSWER
There is a high probability that if you file jointly, that your refund will be snagged for his child support obligation, but you will have an option to then file an "injured spouse" form with the IRS to show that the refund is yours and should NOT be seized in connection with his obligation.
This would delay you from getting your money, but you would probably get most or all of the refund that is due to you.
It is difficult to avoid child support seizures if there is ANY arrearage at all, sometimes it is worth it to seek a review of child support and a recalculation may make it easier for him to keep up with the obligation.
If his unemployment was denied...that could be something to really focus on, the amount of unemployment paid during COVID actually helped some people get ahead on child support obligations.
Answered on Jan 14th, 2021 at 9:48 AM