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My husband already filed his 2014 tax return, Child Support (from his first child) has seized the money but has put a 180 day hold before they actually take it to give me (his wife) a chance to claim money from our current marriage.

We now have a child together that is almost 2 years old. Instead of having them take all of our money (including the money we get back for our new child) can I use the Injured Spouse form to claim my new child?

I’m not exactly sure how to word the situation I hope I made my self pretty clear. FYI I have already tried calling the IRS multiple time but it keeps saying to try calling again at another time because they are too busy.

Please help!

*We live in Arizona and filled Jointly*
Yes, you can file injured spouse. You said your husband already filed, but you filed jointly. I will assume you filed jointly but did not claim injured spouse. The injured spouse form 8379 can be sent in separate from the tax return. Go to irs.gov and print out Form 8379 and the Instructions for Form 8379….

Mail the filled out form. If you need help, a professional preparer can fill out the form for you. The IRS will determine what if any of the refund should go to you based on the property laws of your state.

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