Injured spouse and stimulus payment

[Covid-59]

Hi there.  I did file "Injured Spouse" every year and already received a full tax refund by direct deposit.  However, like everyone else did not get the stimulus deposit and received the two letters of funds going to back child support.  I understand wait for the next letter to learn the appeal process, but my divorce was made final in March and I'm wondering if that's a factor, and if so how do I proceed?  Thanks.

[lynch-jml]

My husband owes back child support and I have filed injured spouse every year we have been married, including 2019 (we live in WI). Each year I receive half of the return, while the other half goes to the back support.  We received two letters from the tax intercept program.  One was addressed only to my husband, with half the amount of our anticipated stimulus, and stated it was being intercepted for child support.  The second letter was addressed to both me and him and also stated half the expected amount was being intercepted.  Both letters referenced the April 15th date, which is when the IRS stimulus tool states our check should have been direct deposited into my bank account.  I have two children, and did not get any stimulus relief deposited.  When we called child support, they said we have to contact the IRS to see if there was an error, but I have yet to find an IRS or Intercept number where I can talk to anyone.  Please help me if you know how to get my half of the stimulus back. (WI child support keeps intercepted payments for 6 months before paying out, in case there is an error). 

[Shadrake]

@lynch-jml we are all in the same situation and all have received the same letters. All of us, for the most part, have filed the injured spouse form with our 2018 & 2019 taxes some have been doing this for over 5 years. Each year we have to file the form to receive our portion of the refund.  At this point, it's all a waiting game for IRS to correct the error or to process the injured spouse form we completed when we filed our taxes. I know the Child support office is telling a lot of us to file the injured spouse form again but per the IRS we do not have to as we included it with our taxes. I also received the notice from the site saying the money was sent to our bank account on the 15th of this month but as we all know, Child support took the payment. We just have to sit and wait until this is correct. Hope this helps.

[Shadrake]

@Covid-59  It's a waiting game now. I also received my tax return but like others, the stimulus payment was intercepted by Child Support. We are all waiting for the IRS to correct this as we all filed the injured spouse form with our taxes. 

[Jemontan]

How will they know it is an error if we don't file anything now? Will they go through every joint-filing to examine for 8379 Forms? 

[oregongirl18]

How did you get in contact with the IRS? I have been trying for days!

[bgoode]

@DarleneJarosz my tax transcript shows my refund was issued to my account on 04/15/20...I paid for my refund when I filed my taxes. I am calling Santa Barbara Bank... thank you for this information.

[ELeone]

The two letters you get from the irs with half your stimulus amount are two separate payments made to child support. If you look at the trace numbers on the letter and they are different then that means they took the whole stimulus. There is nothing we can do about it. If you read the second page it says for "tax refunds make sure to file injured spouse form if you havent already" there is nothing we can do about the stimulus payment. Unfortunately the baby daddy or mama gets it all. I filed the injured spouse form as I have previous years and usually get my half but this year the state and federal did not accept it so we are not getting any money, my husband was laid off, unemployment would entirely go to his ex for back child support, so we literally have 0 income coming in and negative bank account. Its beyond unfair and I wanna cry because I honestly thought at the bare minimum we would get half our tax refund but we wont be seeing a dime. We will be losing everything weve gained next month, recently married just had a baby boy and starting our lives...hubby got a good job...things were finally looking up and then this...I just pray this gets fixed.

[Dhutch05]

This is a huge issue for so many of us.

http://chng.it/fDpLTNqsCc

[Drie]

I live in Connecticut and I wrote the Mayor, governor and the council woman. They wrote me back and said they are glad I wrote in and will be looking into it for further change.

[Michellejpalacios88]

I am not an expert. All parties on a joint return have to be notified. I believe you get two because the one with both names is to information both parties on why they only receive half. The one with only his name is to notify him that they took half. 

[Crush33]

In same boat filed my taxes in January with injured spouse form!! Still have not received refund. Checked get payment was supposed to get on 15 th nothing there got 2 letters saying 1950 was taken. Was expecting only 1200 gone not half don’t know if they took only half or both half’s since we got 2 different letters can’t reach anyone about it. Starting to get really upset Specially since I haven’t even received my refund and it’s been almost 13 weeks and I e-filed!!!

[pkatt71]

I filed my 2019 taxes and the firm 8379. I am still waiting for that and to top it off child support took both of our stimulus payments. I too received 2 letters; one with both of our names and one with his name only. We claimed my grandchild (she lives with us) and they split her stimulus payment between us on the letters. That’s ridiculous, she’s paying child support  and she isn’t even 3 yet.

[DoninGA]

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@pkatt71 wrote:

I filed my 2019 taxes and the firm 8379. I am still waiting for that and to top it off child support took both of our stimulus payments. I too received 2 letters; one with both of our names and one with his name only. We claimed my grandchild (she lives with us) and they split her stimulus payment between us on the letters. That’s ridiculous, she’s paying child support  and she isn’t even 3 yet.

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https://www.irs.gov/coronavirus/economic-impact-payment-information-center

For security reasons, a letter about the Payment will be mailed to each recipient’s last known address within 15 days after the Payment is made. The letter will provide information on how the Payment was made and how to report any failure to receive the Payment.

[ismith777]

I e-filed an injured spouse form with my 2019 taxes but I recieved a letter saying that TOP took my half of the stimulus check. Will they correct this?