Injured spouse and stimulus payment

[DP01]

@MeMe25  That's a good question!  I filed electronically and called the number for TOP at the bottom of the offset letter.  I selected option 4 instead of 1 and it took me directly to a real person.  If you try that, they may be able to give you an answer.  The first thing she asked was if I had filed the IS form with my taxes.  I hope you are able to get answers.  Best of luck to you and stay safe.

[21Lilah]

Isnt it crazy how they talk about plans and dates to open salons yet the main place we need open is a live agent from irs. And they dont  even work at home.  Its just sad 

[Csabkl09]

Same thing happened to me. Except when I received the forms from irs stating they sent all the money to child support it told me to send in an injured spouse form so I did, even though I filed injured spouse with 2018 and 2019 tax returns. However I do know that even if we have to wait till 2020 tax return filing to get our portion attorney generals will have to send the money back to IRS if the IRS requests the money back. So if the custodial parent spends that money they will have to pay it back to attorney generals. 

[Ctoct992]

@GiseleD so you're saying not to refile if we already file the injured spouse form? I tried calling the number it says it wasn't able to take calls. The document only says to refile it so would there be any other advise or guidance you can give?

[Critter]

It is the consensus that you do NOT need to send a second form 8379 if you filed one with the tax return ... the notice that was sent out gave generic info on that form ( meaning if you did NOT file one you should).  The IRS site says to NOT send a second ... 

Q21. If I owe tax, or have a Payment agreement with the IRS, or owe other federal or state debts, wi...

A21. No, with one exception. The Payment will be 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.

[Pamela Kimbrough-Clark]

I called child support and they told me that I need to another injured spouse allocation form (8379)

[Critter]

Well you can reprint the one you sent, ink sign it and mail it in ... they may get to it by Christmas. 

[Pamela Kimbrough-Clark]

I called child support and the agent said in order to get my half of the stimulus, I need to fill out another 8379 form (injured spouse form).

[janettealba]

The checks haven't even been sent to the child support offices yet. They have to be processed first. I called NY child support last week and she said they wouldn't see the checks for another 2 weeks at least. 

[Pamela Kimbrough-Clark]

I know I called here in Texas she said they won't get it until June that's when I should receive my refund.

[Pamela Kimbrough-Clark]

I'm going to fill out another 8379 along with a letter to explain to IRS why there's a second one.

[Pamela Kimbrough-Clark]

It would have to have the stimulus on it.

[Toria1977]

I filed injured spouse both years, and they still all of my stimulus check for my husband back Child Support.  So I don’t need to file another one.

[Critter]

Ok everyone ... let us run some numbers/dates here ... a timeline of sorts...

If your return was  accepted at the end of January 2020 and included an injured spouse form ... and since it takes 11 weeks or more to process that form that  brings us to mid to late March which is when the IRS stopped processing returns that needs human attention .... thus we can conclude  MOST if not ALL  returns with injured spouse forms for 2019 have not yet processed.   

NOW ... in their rush to put out stimulus checks many were sent out without taking the form 8379 into consideration which has made a bit mess of things right now.  SO when the IRS gets back to full force these situations will probably be addressed  and  all anyone really can do is wait until things sort themselves out.  

[Koda802]

Do u know if anyone has any new information  on what is foing on with those who file injured spouse? 

    I am in same boat but cant get any info I have already filed injured  spouse back when my taxes were filed. All that was fine. But like u the stimulus  was split in 2 1700 in his name only 1700 in both  our names child support took both. I have 2 children 10 and 8.. His children  he owes back pay on are 21 and 19

Just curious

Thanks