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.
031318
3 Replies
DoninGA
Level 15
Oct 22, 2019 1:02:44 PM
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.
Suzyq032068
Returning Member
Oct 23, 2019 4:19:13 AM
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
Level 12
Oct 23, 2019 4:59:01 AM
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.