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The allocation instructions are as follows: The wages should be allocated to each spouse as shown on their W-2 forms. The taxes withheld must also be divided as shown on the W-2 forms. The Standard or Itemized deductions must be allocated so that the non-injured spouse would be able to file as if they were single.
There are two types of tax relief for spouses: Injured spouse relief lets you reclaim money taken from your tax refund to cover your spouses debts. Innocent spouse relief relieves you from paying additional federal income tax owed by your spouse due to errors on a joint tax return.
If certain conditions are met, the non-custodial parents current spouse may be eligible to receive a portion of the refund by completing IRS form 8379-Injured Spouse Claim and Allocation. The form has eligibility criteria and filing instructions on the first page.
The allocation instructions are as follows: The wages should be allocated to each spouse as shown on their W-2 forms. The taxes withheld must also be divided as shown on the W-2 forms. The Standard or Itemized deductions must be allocated so that the non-injured spouse would be able to file as if they were single.
The injured spouse on a jointly filed tax return files Form 8379 to get back their share of the joint refund when the joint overpayment is applied to a past-due obligation of the other spouse.
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Injured spouse relief lets you reclaim money taken from your tax refund to cover your spouses debts. Innocent spouse relief relieves you from paying additional federal income tax owed by your spouse due to errors on a joint tax return.

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