My wife owes about $5k in back child support for her daughter from a previous marriage.

She's the only one who works, I am a full time college student, and we have a 3 yr old son together.

While I know that often times federal and state tax returns are seized for back child support, I was wondering if EVERYTHING will be seized (earned income credit, child tax credit) that equally pertains as much to me as it does her. I'm betting that since I haven't worked at all this year, I'm probably screwed and that even filing an Injured Spouse claim won't help my cause.

What all can be seized from our income tax return? The whole shabang, or just the specific amount of taxes that was overpaid, not including the child tax credit for our son that lives with us or the earned income credit?

Any help would be appreciated, thanks in advance.

Don't file as married and you claim the child.

My wife owes about $5k in back child support for her daughter from a previous marriage.

She's the only one who works, I am a full time college student, and we have a 3 yr old son together.

While I know that often times federal and state tax returns are seized for back child support, I was wondering if EVERYTHING will be seized (earned income credit, child tax credit) that equally pertains as much to me as it does her. I'm betting that since I haven't worked at all this year, I'm probably screwed and that even filing an Injured Spouse claim won't help my cause.

What all can be seized from our income tax return? The whole shabang, or just the specific amount of taxes that was overpaid, not including the child tax credit for our son that lives with us or the earned income credit?

Any help would be appreciated, thanks in advance.
You are not working, so I assume that you have no personal income declared on the joint return. If that's true, I'm afraid that the entire refund can be taken. Look at it this way, because of the EIC and child credit adding to the refund, the arrears will be paid off sooner.

If you do have some income, you can file for injured spouse and then you would get your portion of the refund.