MY SPOUSE OWES BACK CHILD SUPPORT HOW CAN I FILE JOINTLY AND NOT PAY FOR THIS DEBT?

What you will do if file married filing jointly, then file form 8379 (Injured Spouse). You will still get the benefits of filing jointly which you lose if you file separetly. They will take your joint return, split it in 1/2 and take his half for his debt and send you your 1/2. It takes longer to get your return, but you'll get 1/2 of it at least. Then if you don't want to worry about it next year, refile your w2 with more exemptions. You may have to pay in, but you'll get all of your money.

No you will have to file seperate.

If your husband owes back child support and you file jointly the state will take the incom tax refund and give to the mother. The only way you can prevent this from happening is by filing yourself and not jointly,that way the state cannot take your tax refund. also what is stated about the state only taking half the money if you file jointly is not true the state will not split the payments,they take it all. Be wise and file on your own.

This answer was edited by tomturkey 2 days ago.

Reason: added additional information

My husband and I have gone through many times with his child support. We still file together, but I always file the Nonobligated Spousal Allocation Form. This insures that you get your share. It does take A LOT longer (months) to receive your money though.