I would recommend that you do file Form 8379, Inju...
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cnischalke21
New Member

Do I still need to file the injured spouse form if I filed married and jointly but my spouse had no income?

My spouse owes back child support but I'm the only one who worked this past year... will my tax return still be applied to the back child support even if they didn't have income?
1 Reply
PatriciaR
New Member

Do I still need to file the injured spouse form if I filed married and jointly but my spouse had no income?

I would recommend that you do file Form 8379, Injured Spouse Allocation.  If you do not, the IRS may take the entire refund towards your spouse's debt because you are not asking to get back your portion of the refund.  Here are the steps to file Form 8379.  Look towards the bottom where it states "What if I've already filed my tax return"

The Injured Spouse Form is filed when the overpayment on your jointly filed tax return was (or is expected to be) applied to a past-due obligation of your spouse.  Here is a TurboTax FAQ with the steps:

https://ttlc.intuit.com/replies/3326788

NOTE:   You will need to click through several pages of Innocent Spouse questions before you get to the Injured Spouse section. 

If you are filing the Injured Spouse Form on its own (after e-filing your return), you will mail it to the IRS location for your state.  Include a copy of all W-2 forms and any 1099 forms showing federal tax withholding, for both spouses.  You can find the mailing address for your location using this link (use the 'not including a payment' address):   https://www.irs.gov/uac/where-to-file-paper-tax-returns-with-or-without-a-payment

See more information below from the IRS:

IRS-Seven Facts about Injured Spouse Relief


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