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?

posted

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.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**