Filed jointly with spouse. I would have owed IRS if filed separately. If I file an injured spouse claim, will I have to pay what i would have owed in a separate filing?

[rebeccawehlingre]

Our stimulus payments were also applied to my spouse's past due child support balance (which I am not responsible for). This includes mine and MY child's portions of the stimulus package. Sounds like I need to file an injured spouse claim to get mine and my child's portion of the stimulus back. However, I'm reluctant to file the injured spouse form if I'm going to end up owing money on the 2019 taxes.

[bluedeb · Accepted solution]

You can file form 8379, to see if you would get anything back.

Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint over payment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.

Since you have already filed and your return has been accepted, you'll have to mail the form to the IRS using TurboTax to create the form.

If you’re using TurboTax Online, do the following to get back into your return and generate Form 8379:

1. Sign in and scroll down.
2. Select Add a State (you won’t actually be adding a state).
3. In the search box, enter Injured spouse and then select the link or button in the search results.
4. Please be aware that when you get to the Tell Us More About Your Situation screen, in order to meet all qualifications to file the form, the box I am not required to pay the past due amount must apply to you. If so, check the box.

If you’re using TurboTax CD/Download:

1. Open your return.
2. Search for Injured spouse and then select the Jump to link in the search results.
3. Answer Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the instructions for Injured Spouse.
4. Please be aware that when you get to the Tell Us More About Your Situation screen, in order to meet all qualifications to file the form, the box I am not required to pay the past due amount must apply to you. If so, check the box.

[rebeccawehlingre]

Thank you for the information. I have the form, understand that i need to mail it in as I did not file this claim with my 2019 income taxes and I do believe I qualify as an "injured spouse." I am not responsible for the past due obligation. I still have reservations though. It says that the injured spouse may be be able to get back "his or her share of the joint refund"  and everything I can find on the IRS website indicates that they determine that amount based on what the injured spouse would have gotten back had they filed separately--in which case, I would have owed. If there is more information regarding how the IRS determines the injured spouses "share" of the joint refund, that would be much appreciated. 

[Critter-3]

You can try filing the injured spouse form to see if you can get anything  however since you would have owed on the separate return I would not hope for too much.  

[rebeccawehlingre]

Thank you! I do not anticipate getting any portion of the 2019 tax return. Since I would have owed on a separate filing, it was a more favorable financial outcome to file jointly even though the entire return would be applied to my spouse's past due obligation. However, I was NOT anticipating mine and my child's portion of the stimulus package to be applied to the past due obligation as well! I believe the injured spouse component was not considered when the stimulus plan was rolled out and there are efforts being made to rectify this issue with the stimulus payments. I am considering filing an injured spouse claim in an effort to possibly receive mine and my child's portion of the stimulus package only.  I just wish I had some assurance that filing the injured spouse claim would not result in an even more unfavorable financial situation where I owe--especially considering the current situation of our refund AND stimulus payment being applied to my spouse's past due obligation. Trying to find a silver lining... I thank everyone for their feedback. Respectfully.