Injured spouse and stimulus payment

[DoninGA]

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@wardpro6 wrote:

I filed with my husband in 2018 we normally didnt get a return because the department of education intercepeted  our tax return due to a default on my student loans, which each year we just allowed it because they were being paid off, after covid19 hit and I and my husband both lost are job but there was a silverlining because they turn off the intercept so we got a small tax return this year and I filed married but seperate, because my husband owned back childsupport,. But once they sent out the stimulus checks the entire amount was intercepted $3400, why didnt they just take my husbands potion mine and the kids have nothing to do with it we have two children. Is there anything I can do

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

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.

[Lolatalavera]

I hope is not that long ! 

[Koda802]

@Beebo7874 

I hear  ya on the class action should be filed this is Pandemic it was a stimulus to help ppl. So the ppl that owe back pay according to these guys dont matter and their family and their kids are living with them didnt matter and that the other family is more important.  I mean we were to get 3400 so I guess 1700 will go to his ex so if his kids were younger living with her she would get 1700 ours and her 2200 hmmm. But it is what it is it should of been a debt that was over looked for this due to the other getting the stimulus to help in this time of need.  I have filed injured spouse 10 yrs we have a 8 yr old and a 10yr old but the 3400 was taken and we are having to wait. 1200 for my hub  1200 me and 1000 for my 2 kids. But if something comes back it's better then nothing . But for them to take my kids isnt right it should only be the 1200 of his which still isnt right but........ we should find a way to request  a class action. Like the  families that are married to a immigrant  and didnt recive anything for their whole family either there is a class action

[CatinaT1]

This FAQ site may also answer your questions.

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

[Critter]

Ok ... read the second part of the  FAQ again before you think about trying to sue the government ...

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.

Allowances must be made for the IRS who (during a pandemic) was tasked with getting out stimulus checks ASAP   DURING an active tax season ... what they came up with in just 2 weeks has flaws and they are working on fixing them ... patience will be needed by all parties.  

[#6]

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.

[ismith777]

https://www.google.com/amp/s/amp.usatoday.com/amp/[phone number removed]

[Mhulsey2506]

I see that the turbo tax experts are saying that once your returns are processed then they will start working on injured spouse claim for the stimulus. Well here is a news flash... we already filed our return, injured spouse claim was granted and we got that portion of the return back already. So what's the excuse for both parts of the stimulus going to pay child support arrears?? Once again I got no issues with paying a debt that's owed but the portion that is my kids and mine should never have gone anywhere but in my bank account. Darn near everybody I know has gotten their stimulus. How is this right and how is this helping my kids that I have to provide all of the support for??

[CatinaT1]

This FAQ site may answer your questions.  They recently updated the question regarding this situation.

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

[Critter]

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

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.

[#11]

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

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.

[mattswife17]

Your portion of the stimulus will be given back to you. I'm in the same boat you're in. Child support will take the spouses part of the stimulus and return yours back to you. Be patient...there is only one person that does the injured spouse paper work. They are back logged. You will get your portion back.

[TKD42]

I saw this article posted yesterday. I hope this is helpful. I’m honestly treating this like any other year. It typically takes 11+ weeks before I see my tax refund so I’ve just assumed it’s going to be the same for this. It sucks but it is what it is. Stay safe!

https://www.usatoday.com/story/money/2020/05/07/coronavirus-stimulus-checks-injured-sp[product key r... 

The system keeps removing the numbers from the link so google the title of the article.

[anikrys]

The link can’t be found 

[anikrys]

I observed that they are inconsistent 

[anikrys]

Maybe you can complain in the child support division . They should only take 1,200 from your husband but not yours and for the kids . 

[TKD42]

The system keeps removing the numbers from the link. Google the title and see if you can find the article. Sorry about that.