Disabled/SSDI. Husband/wages. He offset back cs. Eitc my son. can I file injured spouse? If I'm denied, will offset stay paid or will it be taken back?

We are now divorced. If I'm denied bc SSDI isn't considered income, what happens to the money the offset took due to it being my son's eitc?

359

Level 15

Sep 27, 2021 7:19:38 AM

Were you still legally married in 2020? Even if you were married in 2020, if your own only income was Social Security then no part of the EIC was based on income earned by you. Filing injured spouse will not get that EIC for you. It will remain as offset and be used to pay your ex-spouse's delinquent child support.

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Disabled/SSDI. Husband/wages. He offset back cs. Eitc my son. can I file injured spouse? If I'm denied, will offset stay paid or will it be taken back?