Filing Taxes If You Have Remarried And Owe Child Support

advice on divorceQuestion:

I owe back child support so when I file my taxes, any refund is intercepted for paying off those arrears.

I have remarried and we now have children of our own. If we file taxes together, my ex-wife still gets all of our refund.

How can I file taxes so that my wife’s deserved portion of our tax refund also does not go to support my ex-wife?


This answer only includes general divorce help for men since I am only licensed to practice in Oklahoma and am thus unable to provide legal advice on divorce.

It is extremely important that you seek the advice of a skilled tax attorney or your accountant or tax professional as you work to address this issue.

With that said, you may look at filing your taxes separately from your wife. While filing separately from your wife provides fewer tax benefits than filing a joint return, it may also protect your wife’s portion of your return from collection for the back child support.

Read Our Series Of Articles:

Tax Tips For Divorced Dads

Keep in mind both you and your wife will be unable to claim several of the most beneficial tax benefits, i.e., earned income credit, child and dependent care credit, etc.

So both of your returns may be significantly smaller, but in the end, keeping some may be better than keeping none.

Note: This information is general in nature and should not be construed as tax advice. You should work with your attorney or tax professional to determine the tax advantages that will work best for your situation.

To set up an appointment with a Cordell and Cordell mens divorce attorney, including Oklahoma City Divorce Lawyer Christian D. Barnard, please contact Cordell & Cordell.

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