If you are married filing joint, your spouse can file Form 8379. Form 8379 lets your spouse (the "injured spouse") to get back your portion of a refund from a jointly-filed tax return if it's seized or offset to pay your debt.
If you've 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:
- Sign in and scroll down.
- Select Add a State (you won’t actually be adding a state).
- In the search box, enter injured spouse and then select the link or button in the search results.
- 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.
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