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Level 2
October 22, 2019
Question

Form 8379

  • October 22, 2019
  • 1 reply
  • 3 views

I forgot to send form 8379 as my spouse owes back child support, not me but IRS always applies what little I get back to what he owes. I need my refund. His kids are all grown and we filed married filing separate.

1 reply

DoninGA
Level 15
Level 15
October 22, 2019

If you filed as Married Filing Separately you do not need to file a Form 8379.  The IRS will not seize your tax refund for the debts of your spouse when filing separately.

Level 2
October 23, 2019

I filed married filing separately but they did apply my small refund to my husbands back child support as I did not have any taxes owed. I am confused as to why. 

Lisa995
Alumni - Champ
Alumni - Champ
October 23, 2019

If you filed separately, they couldn't take your refund for his child support.   

Either you didnt file separate, or they took it for some other reason.

You'll need to contact IRS and get clarification on why your refund was taken.

♪♫•*¨*•.¸¸♥Lisa♥ ¸¸.•*¨*•♫♪