I normally file an Injured Spouse form every year due to my spouse owing back child support on a previous child. We have 4 children and I heard because we file joint I will not be getting a stimulus b

[RobertG]

While the CARES Act suspends debts like overdue student loans or back taxes that typically lead to the garnishment of tax refunds, it doesn't apply to delinquent child support payments.

That means the government's relief checks will still be offset if you're overdue.

The offsets apply to the spouse's stimulus payments as well, even if they typically qualify for relief in situations like tax refunds.

[Opus 17]

The stimulus payment is actually an advance payment of a new credit that will be on the 2020 tax return.  When you file next year, the credit will be recalculated.   If you qualify for a larger payment than you receive now, the extra gets added to your refund, and if you qualify for less than you receive now, you don't have to pay it back.

This creates the possibility that when you file your 2020 tax return, and if you file jointly and include an innocent spouse claim, you might get part of the stimulus credit back next year.  However, this is a very fluid situation and we don't really know what will happen in the future.  At least your spouse's debt gets a significant payment applied to reduce it.  

[alaraeh]

Thanks but we have 4 children. Why would the government not think about MY children? Very frustrating and next year I’m no longer filing joint. I’m going back to Head of Household. This is not fair to me and my children.

[alaraeh]

Thanks but what about me & my children? We are not responsible for his debts.

[Opus 17]

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@alaraeh wrote:

Thanks but we have 4 children. Why would the government not think about MY children? Very frustrating and next year I’m no longer filing joint. I’m going back to Head of Household. This is not fair to me and my children.

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You have always had the option of filing as married filing separately and claiming your children on your return.  You chose to file jointly, I assume, because joint filing results in lower overall taxes and because some deductions and credits are disallowed or reduced when filing separately.  It's also possible for a clever person to arrange their finances so they owe a small tax bill instead of getting a refund, that way you get all your money in your paycheck and there's nothing to take at the end of the year. 

You can't file as head of household unless you lived apart from your spouse (physically separated, not sharing the same home) for the last 6 months of the tax year, from July 1 to December 31.  If you file HOH when not qualified, and get caught, you will be made to pay back any excess refund or credits, with interest and penalties, and possibly an additional 25% penalty for intentionally filing a false return.  

Your spouse has an obligation to support both his families.  If he is behind on court-ordered child support, yes the government makes that a priority.  Presumably he is supporting his second family with the rest of his income not taken by the IRS.  

[alaraeh]

No his child is a grown woman now & the mother did it out of spite. Again not fair for me & my children at all. What kind of system do we have to take money away from my children?! Sure he should pay but not me & my kids.