Injured spouse and stimulus payment

[Scaldy]

I understand now that I didn’t get my owed stimulus because I filed married joint and my spouse owes arrears in child support. This is not my debt and filed injured spouse with 2018 and 2019 return. Can I file one specific to Corona Stimulus from turbo tax? Or resubmit the one I completed in February? How do I do that?? 

[GiseleD]

If you already filed Form 8379, Injured Spouse Allocation, please don't resubmit it. This will only confuse the IRS and delay the process. There is no specific COVID-19 injured spouse allocation. You will unfortunately have to wait until the IRS processes your Forms 8379. 

[tanderson2343]

Someone please help! Child support stated my husband owed nothing and told us to file our taxes. In which they have taken refund before and had to file 8379. He has never been behind and we were told  their was a glitch in the system and had been fixed over 3 months ago. Well unfortunately they took our money again. Now I have to file an 8379 again but dont know how to include the stimulus money for myself, husband and son. How do I include this? Thank you 

[GiseleD]

If you already filed Form 8379, Injured Spouse Allocation, please don't resubmit it. This will only confuse the IRS and delay the process. There is no specific COVID-19 injured spouse allocation. You will unfortunately have to wait until the IRS processes your Forms 8379. We all are still awaiting guidance from the IRS as to how the IRS plans to process unique situations like this. 

@tanderson2343

[janettealba]

I filed my 2019 with a injured spouse form for back child support. I received my refund on April 1st. Today I got 2 letters from the Department of the Treasury. One with both my name and my husbands and another with just my husbands name. It states to file a injured spouse form to receive my part of the stimulus. Are you saying they will process the IS form that was attached to my 2019 taxes for the stimulus? If so then when will it be done? How do we know they are doing this. The letters only say to file a IS form. There are literally thousands of us going through this and we are confused. 

[tanderson2343]

Yes, I am in the same boat! But Child Support has told my husband he owes nothing and never did! They have offset our taxes last 3 years and this year Child Suport said it was all a big glitch in the computer and had happened to many over the prior years. Child Suport specifically told me I could file and everything would be fine. Nope!! It wasn't!! They took my federal taxes and my stimulus! This is ridiculous! Child support is a scam. Orange County child support needs to be investigated!!  Treasury Department should have made the stimulus money completely exempt from any type of offset. People are struggling right now and any life line people like us had for our own children is gone!! We are in the middle of a pandemic. And most people aren't aware of how long it takes to get money back when you do file an injured spouse separately, after you have already filed. Last year it took me 8 months to get anything back! Even though child support says we owe nothing and never did! I would have filed one with it this year if I thought same thing was gonna happen. I spoke to turbo tax member last night and no guidelines have been set for people like us except to file an injured spouse. I asked if it was a separate one from the federal taxes. He didn't know!

[Anonymous333]

According to the IRS Economic Impacts FAQ, you do not need to file another injured spouse form if you sent one with your 2019 tax return (or 2018 if you haven't filed yet). However today I received two letters, one with my name and his and the other just his saying both payments had been sent to pay back child support. I am really angry and frustrated because I listened to the website and didn't send another injured spouse form but they sent the money on anyway! So what happens, they will then get it back from the agency? Who knows how long that will take. I really wish there were a way to speak to a live person. I'm wondering if I should file an amended 2019 return where I file separately and then request my money back. I knew my husband's stimulus money would go to the debt but I was under the impression I did everything right to keep mine. Apparently things can work differently in a community property state which we are newly in but the debt was not my legal responsibility and what I am reading suggests the injured spouse form still applies. Anyone have any advice?

[Doubleh914]

I am also in this position and I don't know what to do about it. We received two letters in the mail, one addressed to me and my husband and the other one addressed to only my husband. Each one was for $1,700, which is half of what we were supposed to receive. I don't understand why one letter is just for him and the other is for both of us...he is not entitled to MY money and his debt has nothing to do with me and our children.

 Why should we suffer because the government decided that his 16 year old from a previous marriage deserves the money more than our 6 and 8 year old children. He already gives 55% of his income from each paycheck! Please help. I don't know what to do in order to get what is rightfully mine. I did file 2019 with an injured spouse form.

[tanderson2343]

Wish I had advice for you. I am in this same boat and will he contacting child support directly on Monday. All of this is totally wrong!

[tanderson2343]

Wish I could help! I am in the same boat and will be contacting child support on Monday. Good luck everyone. If I hear anything to help I will post a comment right away.

[Tland82]

I agree with everyone here. This is absolutely unfair. Mine stimulus money was taken too due to my husbands back child support and we have 4 kids, two together. I called child support and the only thing they said to do was file injured spouse form. I have filed this form for the last 6 years including this year. The crazy part about this is the IRS is not even taking phone calls right now to inquire. So sad.

[Anonymous333]

If you are on good terms with the ex, your quickest solution is just to ask them whether they will write you a check for your half of the stimulus check once they receive it. If they are a reasonable person then they know you have kids of your own to worry about and may work with you. We ended up going this route as the child support office in question really sucks and doesn't ever do anything helpful. 

[kdodrill]

I received a letter stating that it took my stimulus check for my husband's offset. I did file a 8379 form with my 2019 taxes which are still pending that I filed through turbo tax. I also filed the same form last year. However the letter states to file a 8379 form if you are not responsible for child support debt. But you're stating not to file one because it will only confuse the IRS. So what do I do? The letter states one thing and you state another.

[Mhulsey2506]

I'm in a similar situation. Filed my 2019 return and also filed an injured spouse form in February. The injured spouse was granted and we got the that portion back. So I went to the get my payment info and it gives a date and a bank account information. Well the date of the deposited has come and went. Have not gotten anything in the mail about anything. Who do I contact about this issue?? Do I need to submit another injured spouse form even though there is one on file attached to my tax return. Don't they think that if the debt could be paid it would be??? I mean why does the child who is 19 years old trump the lives of the 16, 15 and 5 year old I am responsible for?? Why are they being punished when student loans and tax debt can be forgiven it's a bunch of bull if you ask me. We live off of social security and VA disability compensation. This could have done so much for my family. I mean if I have to send in a another injured spouse form where does it go to and why can't the one from my tax return be used since the information of our taxes is what they are using for the stimulus payments anyway

[Rahdee]

Great question. Exact same scenario