Injured spouse and stimulus payment

[LisaD11]

I filed the form 8379 and didn't receive my half of the stimulus check. What are we suppose to do? The paperwork I received states to file a injured spouse form. Your telling us not to do that, so are you going to keep us updated?? What are you doing to help answer this question? This is much needed money for everyone right now, to just sit back and wait with no clear answer or direction. 

[TKD42]

Not sure if this helps anyone but thought I’d share.

https://crsreports.congress.gov/product/pdf/IN/IN11322

[Drie]

@Scaldy I saw this and there is a glimmer of hope. But, I can honestly say I am and was not surprised at this mistake. When people needed it the most once again Child Support was given the power to take innocent women and children’s money. I live in Connecticut and years ago at child support court for my boyfriend now husband at the time. Was told the state only cares about the children on the support order and my husband only gets a percentage off of his weekly amount for the child he now has. So, that means if the state cannot get monies for your child yours do not matter. I am happily married and don’t regret any decisions I ever made. I am disgusted that we are hard working people that will always be under such a money hungry government.

[bgoode]

@DoninGA I am in NC and I have only received one letter addressed to the both of us.

[MM71]

I have put a injured spouse in my 2018 taxes and I’m wondering what to do to get my money   

[alvarml06]

I filed my joint 2019 taxes which includes an injured spouse form on 4/12 and they were accepted by the IRS on 4/12/2019.  I also filed an injured spouse form with my 2018 tax return last year. I did not receive my stimulus check, and the website says it was $$ deposited on 4/15 and the account information is accurate.  In the interim this week I received a letter that some if not all of the stimulus check was applied to my husbands child support debt. How is that possible if I filed an injured spouse form with my 2019 tax return? Why is the IRS website stating they deposited the stimulus in my account and there is nothing there?  No one is available to answer these questions. So frustrating

[Dducoing2008]

According to irs the injured spouse will have to refile form 8379 for the stimulus payment.   I file the form every year and did file it with 2018 and 2019 tax return and they still took my portion of the stimulus payment.  Recieved a letter in the mail stating I had to complete the form 8379 to recieve my stimulus payment 

[BT82]

Thanks for posting this site. This is the info everyone is looking for. From this posting the main point is this, pasted below from the article that was shared:

Additional guidance has been provided for situations where the Economic Impact Payment is received
jointly with a spouse who does not owe the child support debt. In such cases, in order to receive their
portion of the payment, those spouses may file an Injured Spouse Allocation Form 8379. In cases where
individuals who are married filing jointly already included Form 8379 with their 2019 tax filing (or 2018
filing if the 2019 return has not been filed), half of the total Economic Impact Payment will be sent to the
non-obligated spouse; only the obligated spouse’s half of the payment will be offset for the past-due
support. In these cases, the Treasury directs “there is no need to file another injured spouse claim for the
payment.”

So we do NOT have to file another injured spouse claim. What sucks though is that I thought the $1200 would go to child support but they are saying that HALF of the total claim will go to child support and the other half is sent back to the non-parent of these children. We have three children together so our payment was $3900 but if they are taking half than I am only getting back $1950 which takes $750 of my children's portion to pay child support. I don't think that is right at all!! Take the $1200 fine but not my kid's portion! 

[Xavndeb93]

How do you know if injured spouse form was granted or approved? A week ago we checked the on the irs site and it said that on the 22nd our stimulus money would be deposited. 22nd came and went and nothing. Today got a letter addressed to both of us stating that child support took the $2400. But i don't owe and we filed injured spouse! What to do?

[bgoode]

Good but how do we get our money now?!

[BT82]

@Xavndeb93  is this your first year filing injured spouse? Typically in my experience it has never not been approved. If you file it and you are not the responsible party, then you can bank on it being accepted. However, depending on when you filed it can take 11 weeks if you filed it with your original taxes electronically, 14 weeks if you filed paper, and 8 weeks if you filed it separately after your taxes were already excepted. These may be longer now with the coronavirus outbreak and the IRS shutting down. 

I read somewhere else that if you filed your injured spouse with your 2018 and/or 2019 taxes then all the money for the stimulus will be taken and 1/2 returned to you in 8-10 weeks. So I'm thinking it won't be until mid-June we may seen this money back. 

[Xavndeb93]

Wow! You were able to get thru to TOP?

[BT82]

@bgoode  I read it will be 8-10 weeks before 1/2 will be returned to us so yes it's coming but not until mid -June looks like. 

[BT82]

@Xavndeb93  I wasn't able to get through but they released this statement today. The other info is from the IRS injured spouse documents. 

https://crsreports.congress.gov/product/pdf/IN/IN11322

[terdsmit78]

Thank you for posting this, it at least gives us a clearer picture now.