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New Member
posted Jul 8, 2020 8:26:13 AM

Filled jointly and my husband owed child support so they took my taxes. How can i fix that?

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1 Best answer
Level 15
Jul 8, 2020 8:52:14 AM

You can file form 8379.  Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint over payment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.

 

Since you have already filed and your return has been accepted, you'll have to mail the form to the IRS using TurboTax to create the form.

 

If you’re using TurboTax Online, do the following to get back into your return and generate Form 8379:

  1. Sign in and scroll down.
  2. Select Add a State (you won’t actually be adding a state).
  3. In the search box, enter Injured spouse and then select the link or button in the search results.
  4. Please be aware that when you get to the Tell Us More About Your Situation screen, in order to meet all qualifications to file the form, the box I am not required to pay the past due amount must apply to you. If so, check the box.

If you’re using TurboTax CD/Download:

  1. Open your return.
  2. Search for Injured spouse and then select the Jump to link in the search results.
  3. Answer Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the instructions for Injured Spouse.
  4. Please be aware that when you get to the Tell Us More About Your Situation screen, in order to meet all qualifications to file the form, the box I am not required to pay the past due amount must apply to you. If so, check the box.

 

1 Replies
Level 15
Jul 8, 2020 8:52:14 AM

You can file form 8379.  Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint over payment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.

 

Since you have already filed and your return has been accepted, you'll have to mail the form to the IRS using TurboTax to create the form.

 

If you’re using TurboTax Online, do the following to get back into your return and generate Form 8379:

  1. Sign in and scroll down.
  2. Select Add a State (you won’t actually be adding a state).
  3. In the search box, enter Injured spouse and then select the link or button in the search results.
  4. Please be aware that when you get to the Tell Us More About Your Situation screen, in order to meet all qualifications to file the form, the box I am not required to pay the past due amount must apply to you. If so, check the box.

If you’re using TurboTax CD/Download:

  1. Open your return.
  2. Search for Injured spouse and then select the Jump to link in the search results.
  3. Answer Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the instructions for Injured Spouse.
  4. Please be aware that when you get to the Tell Us More About Your Situation screen, in order to meet all qualifications to file the form, the box I am not required to pay the past due amount must apply to you. If so, check the box.