Husband owes but wife pays up

Question from Shelly. January 12, at pm Kathy,. I got married oct , my husband is currently in prison and has been all of , he owes back child support and when we file our taxes I am the only one with income and I have 3 kids that gives me a refund can they take our refund for his back child support since it is only my income? We live in Oregon.
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Debt and Marriage: When Do I Owe My Spouse's Debts?

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Can a creditor come after me for my spouse's debts? - ILS

My husband is a divorced father of three dependents. We will soon be married for 10 years. We filed joint tax returns the first 5 years. However, after learning that my husband was in trouble with back taxes I quickly moved to filing separately. If I could just learn how to move the chess pieces on the board correctly, I could get us out of the mess my husband has caused. I am self employed as a massage therapist and I also work a second job on weekends.
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Topic No. 205 Innocent Spouse Relief (Including Separation of Liability and Equitable Relief)

By Bethany K. Laurence , Attorney. Whether you and your spouse are liable for each other's debts depends mostly on where you live. In the handful of states with "community property" rules, most debts incurred by one spouse during the marriage are owed by both spouses. But in states that follow " common law " property rules, debts incurred by one spouse are usually that spouse's debts alone, unless the debt was for a family necessity, such as food or shelter for the family or tuition for the kids.
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But, why not file a joint return. You need to insure that if you file a joint return, you include Form to claim injured spouse relief. This will prevent the "injured" spouse's share of the refund from being offset by the debt. Turbotax supports this form. Injured spouse Form is included under the Federal Taxes tab.
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Comments
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