I had to file injured spouse because my federal and state taxes was taken, Will i recieve the entire amount on the original tax forms that i filed?

[315kelly]

I am newly married i filed married joint refund the federal and state taxes was taken for my husbands back child support. I worked last year and he did not. So as soon as i found out they took them i filed injured spouse form and sent them in? I solely supported my husband and my step daughter (she is NOT the child my husband owes child support on) Will i recieve the entire amount on the original tax forms that i filed? Federal and state?

[leeannolson65 · Accepted solution]

I am filing injured spouse this year also. In the past when I filled injured spouse they would still take some but not all, even if my husband barely worked. For example instead of getting back $7,000 I would get back $5,500. You should still get a nice chunk back if not all of it because he didn't have any taxable income. Hopefully you will get it all back. It also takes longer to get it back. I believe with mine I would get it back early April instead of February. It's a pain but it's worth it so you can get the money that you worked for. I am in Illinois so I'm also not sure if it's different by state. Hope this helps!

[leeannolson65]

This was also just for federal. Not sure on state.

[315kelly]

Even after they took the initial taxes and gave to my step son's mother? Do they add that to the amount my husband already owes? I had no idea this could happen if my hisband didnt work at all.  My stepsons are adults now i didnt know him when they was minors, crazy to me to take my taxes for something i had no part in. My admended injured spouce form was excepted but the offset hotline said they took the firdt taxes and would send them to the tax debit he owed. But the amended was accepted the following day, its all very confusing

[315kelly]

I also talked to the missouri state irs and they said if they amend my taxes and i get another refund they will send that to my husbands adult kids mother too? That make no sence?

[leeannolson65]

Hmm well I know with federal the money they take is held for 6 months and I believe that is incase the return is amended. It gives you time to amend it and them to sort the monies. The only money the adult kids mother would get is the amount they take from you. For injured spouse they sort through what is yours and his so I'm thinking you should get it all back but it just takes a little while. When they would take my husbands portion his child's mother wouldn't receive it until around August because they hold it. I don't know about state though. That would add to the amount he owes. They consider that as a payment and take it off the total balance. I imagine you will get your money sometime by the end of March to mid April. I know the feeling of your hard earned money being taken for something you had no control over. Not a good feeling. We're lucky we have an option to be able to get it back.

[315kelly]

Thank you very much you just put my mind at ease!!!

[leeannolson65]

You are very welcome! 🙂

[mya1231kyba]

Leeannolson thank you for the feedback. Do i need to attach anything to the 8379 form?

[mflopezz77]

i am having trouble filling in the boxes for injured spouse. there were changes to my original return and i'm not sure what amounts to put on the form... can anyone help?

[sl0588]

So irs received our injured spouse on feb 21 2017 and received our check on May 1st! It went by super fast
Personally we did not receive any mail prior stating that it was approved so I would not  worry if you don't receive that. We live in California which is a communion state and so our state has it split 50/50 but we actually received more than half! Hope this helps any one out there!!