Injured spouse and stimulus payment

[Breechamorro]

I submitted an IS form with my 2018 taxes but have not yet filed my 2019 taxes. 
I received a letter for the amount we were ‘eligible’ to receive (my husband is not eligible due to incarceration) which was for one adult and one child, so one of my dependents portion is missing, but the entire $1700 of my portion was taken to offset his arrears and the money was already released to the mother. If i filed an IS why wasn’t my portion protected and where is the portion for my second dependent?

[Breechamorro]

@Critter and if your full portion was already taken and has already been received by the party who is owed back child support, then what? I don’t foresee the IRS double paying, for that mistake. 

[21Lilah1]

Did you file jointly because my husband is incarcerated and I still file jointly you are still able file the same 

[21Lilah1]

And with my 2018 I still recieved my part in December 

[Lolatalavera]

When I called TOP and Child support they only credited 1200$ which means that they already returned the other 1200 so now I’m just waiting 

[21Lilah]

Did your deposit say 2400

[Lolatalavera]

Noup. I called TOP and they took 2400 but only accredited 1200 so it might be they returned my part. 

[Csonger35]

So I'm wondering will it come by check bc they took half of our stimulus for child support still dont know where the other half is wonder if calling top would do any good!

[Critter]

The IRS has admitted this situation needs to be addressed and they are working on it but it needs humans to fix it and they are currently in short supply ...

Q31. If I owe tax, or have a Payment agreement with the IRS, or owe other federal or state debts or ...

A31. No, with one exception. The Payment may have been offset only by past-due child support. The Bureau of the Fiscal Service will send you a notice if an offset occurs.

If you are married filing jointly and you filed an injured spouse claim with your 2019 tax return (or 2018 tax return if you haven’t filed your 2019 tax return), half of the total Payment will be sent to each spouse and your spouse’s Payment will be offset only for past-due child support. There is no need to file another injured spouse claim for the Payment.

The IRS is aware that in some instances a portion of the payment sent to a spouse who filed an injured spouse claim with his or her 2019 tax return (or 2018 tax return if no 2019 tax return has been filed) has been offset by the non-injured spouse’s past-due child support. The IRS is working with the Bureau of Fiscal Service and the U.S. Department of Health and Human Services, Office of Child Support Enforcement, to resolve this issue as quickly as possible. If you filed an injured spouse claim with your return and are impacted by this issue, you do not need to take any action. The injured spouse will receive their unpaid half of the total payment when the issue is resolved. We apologize for any inconvenience this may have caused.

[Hattie1020]

We received a letter from the U.S Treasury saying that payment has went to child support and it had both our names on it. How do I know if the injury spouse form was processed.

[Saddad]

I need to full kur form 8379 cant seem to do it help

[21Lilah]

Yes check

[Emp1]

OK so my situation is I did not file form 8379 when I filed my taxes I was not aware my wife was that far behind in child support  so they took all our stimulus check for her past child support myself my son and my wives. So my question is can I at least get my part of the stimulus and my sons part of the stimulus because that is not my debt?

[DoninGA]

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@Emp1 wrote:

OK so my situation is I did not file form 8379 when I filed my taxes I was not aware my wife was that far behind in child support  so they took all our stimulus check for her past child support myself my son and my wives. So my question is can I at least get my part of the stimulus and my sons part of the stimulus because that is not my debt?

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You should file a Form 8379 for the 2019 tax return even though the 2019 return has already been filed, if you have not already done so.  This would be for the federal tax refund for 2019 not the stimulus.

See this TurboTax support FAQ for the Form 8379 - https://ttlc.intuit.com/community/accessing/help/how-do-i-file-form-8379-injured-spouse-allocation/0...

See this IRS website for the stimulus payment when child support is owed - https://www.irs.gov/newsroom/why-the-economic-impact-payment-amount-could-be-different-than-anticipa...

Past-due child support was deducted from the payment

The Economic Impact Payment is offset only by past-due child support. The Bureau of the Fiscal Service will send the taxpayer a notice if an offset occurs.

For taxpayers who are married filing jointly and filed an injured spouse claim with their 2019 tax return (or 2018 tax return if they haven't filed the 2019 tax return), half of the total payment will be sent to each spouse. Only the payment of the spouse who owes past-due child support should be offset.

The IRS is aware that a portion of the payment sent to a spouse who filed an injured spouse claim with his or her 2019 tax return (or 2018 tax return if no 2019 tax return has been filed) may have been offset by the injured spouse's past-due child support. The IRS is working with the Bureau of Fiscal Service and the U.S. Department of Health and Human Services, Office of Child Support Enforcement, to resolve this issue as quickly as possible. If you filed an injured spouse claim with your return and are impacted by this issue, you do not need to take any action. The injured spouse will receive their unpaid half of the total payment when the issue is resolved. We apologize for the inconvenience this may have caused.

[21Lilah]

You can print the injured spouse form an send it out an yes they will still accept it whenever it opens..I did that with my taxes last year after it was taken. It took longer to recieve but I did get half back in December