What are my options?

[lthealey135]

My wife and I live in Wisconsin. My wife owes back child support. She didn't work through the year so she had no income. We filed jointly and received the EIC and child tax credit. The IRS app shows the refund approved but also said some or all of it could be used to satisfy a debt and that we'd be getting a letter about it in the mail. Obviously I want to file an injured spouse allocation but I'm afraid that since all of the refund came from credits ( I would have owed this year if not for the credits) that they're going to take it all anyways. I just need some guidance or words of wisdom to help sort this out and figure out next steps. 

[AnnetteB6]

You can wait for the letter to come in the mail regarding your refund, but it will most likely advise you to file the Form 8379 Injured Spouse form if you qualify as an injured spouse.  Since you are not liable for your wife's back child support payments, you would qualify as an injured spouse.  

Take a look at the following TurboTax articles and the information below.  Form 8379 Injured Spouse can be filed along with your tax return or on its own after your joint return has been filed and processed.  The first article below will give you general information about the injured spouse allocation and when it should be filed.  The second article will give you more specific steps to take to file Form 8379 using TurboTax, both with your return and after your return has been filed.  The additional information below includes tips to use when filling out the information in TurboTax.

What is IRS Form 8379: Injured Spouse Allocation?

How do I file Form 8379, Injured Spouse Allocation?

Filling out this form can be confusing.  Here are some tips to help you along the way.  If you wish to allocate your refund to your spouse, be sure you are indicating that your spouse is the injured spouse.

There are a couple of things to note when filling out the injured spouse form.  If some of the boxes were not checked, then TurboTax will state you are not eligible to file the form.

Pay close attention to each screen in the process to be sure you are answering questions about Injured Spouse, not Innocent Spouse. 

On the screen titled “Tell Us More About Your Situation” at least 3 boxes must be checked to qualify to file the Injured Spouse form.

• The box “I filed (or will file) a joint return with my spouse (or former spouse)” must be checked.
• The box “I am not required to pay the past-due amount” must be checked. 
• Additionally, at least one more box must be checked to indicate the type of debt that your tax refund will be used to pay. 

Use these steps to get started with the Injured Spouse form in TurboTax:

• On the top row of the TurboTax online screen, click on Search (or for CD/downloaded TurboTax locate the search box in the upper right corner)
• This opens a box where you can type in “injured spouse” (be sure to enter exactly as shown here) and click the magnifying glass (or for CD/downloaded TurboTax, click Find)
• The search results will give you an option to “Jump to injured spouse”
• Click on the blue “Jump to injured spouse” link and enter your information

For more information and instructions from the IRS regarding the Injured Spouse Form 8379, click here.