If the 8379 form gets me my share of the joint refund back, will that amount get added back on my ex's child support or will he owe that amount in back taxes next year?

[jerryb1994]

My husband and I filed jointly and all of our tax return went to his child support arrears. If I file an 8379 form and the IRS gives me my share of the refund back, will that amount get added back on to what my husband owes to child support or will he owe that amount in back taxes next year?  He lives in another state now (we're getting divorced), so how will he be notified about the 8379 refund I will receive? 

[DianeW]

His amount of back child support will remain the same as it was before if none of the refund was allocated to him.  It will not be reduced or increased by the tax return you filed or the refund released to you from the injured spouse form. Because the IRS released your share of the refund, there is no affect to his child support for the amount that was released to you.  

If there was any amount of the refund that was attributable to your husband, it will be applied and reduce the child support balance. If you receive the entire refund then none is attributable to him, if you receive a partial refund the portion you did not receive will be applied and reduce his delinquent child support balance.

As far as notification goes, he will be notified of his delinquent child support balance in the way he has been notified in the past.  It will reflect his current balance and any activity that has taken place that made adjustments such as more child support due that was unpaid, any refund (his portion) "offset" (official term) that was applied to reduce the balance.

If you have questions about the offset (reduction) of your federal tax refund or offset of another U.S. government-issued payment, you can call the Treasury Offset Program (TOP) Call Center to obtain agency contact information:

• Call toll free: 1 (800) 304-3107

[jerryb1994]

Can my ex find out from the IRS/TOT or child support (or some other source) that I filed a 8379 form?

[DianeW]

@jerryb1994 I see what you are trying to figure out.  I don't know that they specifically spell that out, but on a joint return he would have the authorization to ask questions about the tax return.  He could figure it out on his own if he is aware of the option for the injured spouse or if he knows the refund amount and doesn't see the full reduction on his account.

[jerryb1994]

Thank you.  So is the offset money currently being held in "limbo" for a period of time before going to child support?  (I read online that the state may hold the money for up to six months if the offset involves a joint tax return.)  If it is being held then his child support will currently show the same balance as before the tax return was filed/the offset was taken from the tax return, right?

[DianeW]

@jerryb1994 You're welcome.  Yes, it should.

[jerryb1994]

The IRS website says it should take 8 weeks to process the 8379, is that usually an accurate time frame?

[DianeW]

@jerryb1994 At this time of year it may take longer due to volume of returns being filed.

[jerryb1994]

Thank you @TurboTaxDianeW

[DianeW]

@jerryb1994 You're welcome!

[jerryb1994]

If I file the 8379 then change my mind before it processes, can I contact the IRS and cancel it?

[DianeW]

It would be extremely difficult, you are entitled to this option and you should accept it.  You worked for any money that might get released.

[jerryb1994]

I'm afraid though that if the money gets refunded to me before the divorce is final and he finds out it was because I filed an 8379 form that he will react negatively and cause problems galore for me/the divorce proceedings.

[jerryb1994]

Also, what about if I file an 8379 for 2015 (since that joint refund went to his child support too), where does that money refunded to me come from since the 2015 offset has obviously gone to his ex-wife & kids already?

[DianeW]

@jerryb1994 It really doesn't matter because if the money went to the delinquent child support it would come to you through a different vehicle. It still comes to you in the end.