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Just need to vent.. the state took my entire paycheck because of DH :/

christinen's picture

I just need to vent because I’m sitting at work about to cry right now.. DH and I got married in April so this was our first year filing taxes together.. We made the choice to file jointly because even though he owed money, we would still make out better than filing separate because when you file married but separate you can’t claim student loan interest/education credits (mine) or child tax credit (DH).

The reason we owed is because DH claimed exempt all year when he is NOT exempt, so basically he paid no taxes all year. So against my better judgment, I went ahead and filed jointly so we could get the credits/deductions we were entitled to.

Now today is my payday so I go online to check my bank account and see that the state has taken $900 out of my checking account, which is almost my entire paycheck. We got a $1000 federal refund so I figured it would even itself out, but our federal return is still being processed so the state didn’t take the federal refund, they took my paycheck :/

I am so upset right now. I should have never filed with him and I have no one to blame but myself :/

christinen's picture

Yes! What has me even more pissed is that BM is on vacation right now thanks to her enormous tax return (single mother of 3 kids, unmarried, low income.. you get the picture) and I work 40+ hours a week and am sitting here trying to figure out how I'm going to pay my bills! Sad

TASHA1983's picture

Welcome to my life my friend!!!! Sad These BM pieces of shit have it made!!! And I loathe them ALL!!!

christinen's picture

I know, Tasha. When I found out she was going on a 10 day vacation (mind you, she doesn't even WORK), I was like you have GOT to be kidding me!

sterlingsilver's picture

That happened to us too. We got married in June and thought it'd be best to file jointly for child tax credit, etc. We got $1,500 taken b/c DH's ex had filed that dh still owed child support even though he didn't/doesn't and she's been paying us for 3 years and we've had ss16 for 4 years, but it was something she filed 4 years+ ago and it never got noticed until of course we file together. How this happens is beyond me. Anyhow, it bites. It makes for a rough day Sad

amber3902's picture

Ugh that sucks. I could see why you thought with your deductions you'd come out a little ahead.

Sorry that happened. I hope you told DH to change his withholdings on his paycheck so this doesn't happen next year.

christinen's picture

It's crazy because I figured it out every which way possible.. What we would both get back/owe separately and then jointly.. I was so careful.. I really thought the federal refund would cover what we owed for state and that would be that.. It somehow didn't cross my mind that the state would take the money before we even got the federal refund.. Omg I just want to scream right now!!

And yes, I filled out a new W4 for DH and made him submit it so this doesn't happen again next year. I am furious!

RedWingsFan's picture

I'm sorry honey. The FOC took our joint return and handed it to my ex husband for back child support I didn't even know I OWED. I haven't had any tax refunds the past few years and the FOC didn't SAY I was in arrears. Apparently, when my company set up the withholding for CS payments, they dragged their feet on it for a couple of months, causing me to go a bit in arrears. Since they raised my CS payment to cover the arrearage, I didn't have an idea other than it went up a few dollars a paycheck. The day we were expecting to get our $600 tax refund, we got a letter from the IRS instead saying it all went to my ex husband. I'm STILL pissed over it.

christinen's picture

RedWingsFan and sterlingsilver – these situations just SUCK! I guess some things are beyond are control but doesn’t make them suck any less when they happen to us. Now I am starting to worry there is an issue with our federal refund because it is taking so long. If I find out DH owes more money and something happens to my refund, I am going to snap. I need this money to pay my bills.

RedWingsFan's picture

I agree with you and I'm STILL livid as we had plans to take my daughter out of town during spring break while she's here and now that her father has all of our money, I know for a fact she'll never get a dime of it!

christinen's picture

Yes, stepparents beware! I thought we would both make out better filing jointly because we would be able to get our credits/deductions, but I think I will just suck it up and file separetely next year!

misSTEP's picture

To me, it seems very odd that the state would take money from your checking account without having notified you previously. Otherwise, a LOT of people who owe back support would be perpetually broke!

In the future, if you DO file jointly, file the Injured Spouse form as well. At least you will get SOME refund, even if they take some of it for back support.

And keep separate checking accounts so this doesn't happen again. Make sure that ONLY YOUR NAME is on the account that your check is going into. You can have a joint one that bills get paid from but make sure to pay the bills and drain that account IMMEDIATELY whenever it has money in it.

christinen's picture

misSTEP- I was aware that we owed the state almost $900 (even though this was ALL due to DH’s stupid decisions), but I just thought we would have our federal refund by now and that the state would basically just take the federal refund .. if that makes sense. But since we haven’t gotten the federal refund yet, the only money I had in my checking account was my paycheck that I just got today :/

I did file the injured spouse form but from my understanding, that only applies to federal returns, not state.

And yes, the checking account is in my name only. I would never have a joint account. I don’t trust anyone that much!

Rags's picture

This is why you need a CPA. Keep that in mind next year.

Sorry to hear your DHs complete lack of character has cost you.

christinen's picture

Thanks. It was just the timing, though. I thought we would have our federal refund before the state took what we owed. Sucks :/

christinen's picture

snowdrop, it is a form you can file along with your taxes (if filing jointly) that protects you from having your refund taken to pay your spouse's debts. I did file it but from my understanding, it only applies to federal returns and state is what we owed so it didn't do much good in my case (I only filed it in case something came up with DH's federal return that I was not aware of at the time I filed).

misSTEP's picture

Injured Spouse Allocation form:

Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.

From website.

byebyebirdie's picture

there is a form you file with your taxes so they cant pull your money here is the info i found on irs web site.... i had to file this form long time ago when i was married to my ex husband because he always seems to owe back support
If you filed a joint return and you are not responsible for the debt, but you are entitled to a portion of the refund, you may request your portion of the refund by filing Form 8379 (PDF), Injured Spouse Allocation. You may file Form 8379 with your original joint tax return ( Form 1040 (PDF), Form 1040A (PDF), or Form 1040EZ (PDF)), with your amended joint tax return ( Form 1040X (PDF)), or by itself after you are notified of an offset. If you file a Form 8379 with your joint return, write "INJURED SPOUSE" in the top left corner of the first page of the joint return. The IRS will process your Form 8379 before an offset occurs. If you file Form 8379 with your original or amended joint tax return, it may take 11 weeks for electronically-filed returns or 14 weeks if you file a paper return, to process your return.

misSTEP's picture

We do married filing separately because I pay my student loans on an income-based scale. I pay less if they don't take into account DH's income. And that works for me since so much of his income goes to BM anyway!

christinen's picture

misSTEP, I wish I could go back in time and file separately! I pay my loans based on income too. I make more than DH so his income doesn't affect it TOO much, but still, that combined with this bs I am dealing with right now is reason enough to file separately! Next year he is dealing with his own financial mess!

christinen's picture

beaccountable, I set it up to come out of my checking account. It's my fault. I just thought I would have the federal refund in my account by the time the state took their money. But since my federal refund hasn't come through yet, the only money I had in my checking account was my paycheck. It is scary :/ Now I have to figure out how I'm going to pay my bills. Hopefully the federal refund comes in soon.

Rubber Ducky's picture

I'm sorry this doesn't help you now, but I always file tax returns at two separate times which may help next year. I file my federal return and wait for that refund, and then I file my state return and pay what is owed for that.

z3girl's picture

We do what Rubber Ducky says...we always file our federal first and wait for the last minute for the state because we usually owe the state a little.

The IRS sat on our return the first year we filed after getting married. We didn't get our refund until almost November! They decided to pay attention that we claimed SD on our return, even though DH had the right. They refused to tell me why they were holding it up since I wasn't listed first on the return, and DH never wanted to deal with it myself. Now I alway filed copies of the CO as well as the 8338 (?) form that BM signed off on so they won't hold up our refund.

What a pain!

christinen's picture

That makes me wonder if BM claimed SD.. I know BM already got her refund because she used it to go on vacation.. DH and BM alternate years and this is supposed to be DH's year but our refund being held up makes me wonder..

april_4_us's picture

you should be able to file for whats called injured spouse for the state even if you file joint they cant take your personal taxes from the state. did you file yourself or a tax person filed??? you may want to check into that. I know my dh had owed the state for a few years I filed injured spouse so they didnt take mine just his.
hope that helps