Tax intercept question

[KP411]

The Non custodial parent's tax return was just intercepted. He has remarried and has one child with his new wife. She does not work and didnt earn any income for the year in which the taxes were intercepted (2009) my question is, since they filed jointly and have a child.... will they deduct the earned income credit from having a child from the ammount they intercepted for my child support?
Since the new wife has no income, am I entitled to the entire ammount they intercepted?
Any info is greatly appreciated!

 

[army judge]

You are entitled to whatever was intercepted.
The other spouse can file for injured spouse relief and get a portion of the proceeds returned to her.
If that happens, and the IRS agrees, they'll refund her the appropriate amount.
Then the IRS will order you to repay the amount returned to the injured spouse.
You might want to be proactive and ask the IRS your question.
They can provide you with a definitive answer.
That way you can put aside an amount to be returned in anticipation of such a ruling.

 

[Duranie]

You should be entitled to the full amount. If they did not file injured spouse then you are probably ok however if she does not work anyways, i fail to see why some of this return is hers.