Form 8379 & owing the irs

[MamaBear71]

My husband is paying back child support so they took our entire $2400. I am trying to fill out the form 8379 for injured spouse and get my $1200. But it wants out “tax” information. That would be fine except that we owe the irs money. We have to pay them so I don’t think filing this form with that information is really going to get my money back. Please help me. I’ve looked all over for help and I can’t get thru to the irs on the phone. Thank you. 

[macuser_22]

the 8379 only protects  a portion of a tax refund and has no effect if tax is owed.    The IRS will take any refund to satisfy back owed tax first.

[MamaBear71]

To follow up on my question, the $2400 was the economic stimulus money and the only reason the irs or anyone would take it, is for child support. They won’t keep it for owed taxes. When I originally spoke to the irs, they said to fill out this form. But now when I try to fill it out, I’m not sure what to put on it, since we owe taxes and putting the numbers from our 2019 taxes don’t make sense in trying to get back my half of the stimulus money. Can anyone help?

[CatinaT1]

This FAQ site may answer your questions.

https://www.irs.gov/coronavirus/economic-impact-payment-information-center