I had this exact thing happen to me and it took a couple weeks of researching and calling around to get these answers. Hope this helps.
There are a few factors that have to be considered. When the Office of Child Support Enforcement (OCSE)confiscates the money from the IRS is doesn't go directly to the custodial parent. They hold it for 3-4 weeks in case an Injured Spouse (form 8379) claim is filed. So here are a few questions:
- Did you file Injured Spouse (form 8379) with your 2019 tax return?
- If you did NOT, file it right away.
- If you haven't filed your 2019 return it means they are using your 2018 tax information. So, if you didn't file Injured Spouse for 2018, submit the Injured Spouse form to the IRS right away.
- If you DID file Injured Spouse on your 2019 return, have you already received your refund? If yes, the injured spouse claim will be applied it just takes several weeks to process so you likely won't see your stimulus money any time soon.
- If you haven't received your refund and your return is still being processed then likely the Injured Spouse form you filed with your regular taxes just hasn't been caught yet. The process is going to take several additional weeks but chances are you will get your portion of the stimulus money, eventually.
- It's kind of pointless to call the Child Support office, they likely don't know anything about what the IRS is doing. They will only be able to confirm that the stimulus money has in fact been used as an offset to pay the back child support, which you already know. Most state agencies and their employees have been given very little guidance or instruction on issues with stimulus money.
Bottom line, make sure you have a current Injured Spouse claim on file and be prepared to WAIT.
Injured Spouse Form 8379
