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]

Where does the money come from?  The IRS?

[macuser_22]

Every dollar that you get gets added to the tax offset amount that the spouse owes.  There is no "free" money.

[jerryb1994]

But where does that money come from?  Especially if it is for a previous tax year?

[macuser_22]

Eventually it comes from the person that owes the child support.  The debt does not go away until it is paid.  It adds to the owed debt.

Look at it this way:
Assuming:  
$10,000 was owed.
Levied tax refund $500 from both spouses.
Now $9,500 is owed.
$250 paid to injured spouse because of a 8379 form.
$250 added back to amount owed.
Now $9,750 is owed.

[DianeW]

@macuser_22 Thank you for helping out!

[jerryb1994]

Can I file the 2015 form 8379 after the divorce?

[macuser_22]

Per 8379 instructions:

You must file Form 8379 within 3 years
from the due date of the original return
(including extensions) or within 2 years from
the date that you paid the tax that was later
offset, whichever is later.

Instructions: <a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/i8379.pdf">https://www.irs.gov/pub/irs-pdf/i8379.pdf</a>
Form: <a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/f8379.pdf">https://www.irs.gov/pub/irs-pdf/f8379.pdf</a>

[jerryb1994]

So it doesn't matter if we are divorced when I file the 8379?

[macuser_22]

It does not - as long as filed within the time frame.

[jerryb1994]

Thank you @TurboTaxDianeW & @macuser_22!