Injured spouse and stimulus payment

[21Lilah]

Well whenever they get back to work it will be processed we are all waiting on the same thing

[jazzyjai39]

Thanks for your response!

I am new here...how do I ask the tax expert Gisele a question?

[21Lilah]

Dont waste your time asking lol sorry but they keep giving the same response saying when irs opens we will get our portion.they are no help..but have you called the treasury department to see how much was with held ? If not you should 

[jazzyjai39]

Hi again,

Oh okay...lol! No I haven't called the Treasury department - didn't know they were opened. We received a letter last week advised that the entire $2400 Stimulus check was applied to my husband's child support arrears...do you have the phone number to the department of treasury?

[Critter]

There is nothing you can do even if you could get thru to the IRS ... from the IRS : 

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.

[Babes0726]

I filed head of household last 2 years and the injured spouse form takes just as long and it sucks!  I agreed with everything you said. The system is flawed in ways and always has been. 

[graciew]

How do I fill out my injured spouse form and mail it in

[Critter]

Depends ... did you already file the 2019 return yet ?   Which program are you using ... the Online or Downloaded version ? 

[Babes0726]

Go to Irs.gov and under forms you can pull it up and print it off. 

[riotddmcgee]

My husband and I filed jointly for 2019, but did not file an IRS form 8379 when we filed in February. I owed for the previous year and was making payments and he is still paying off past child support for hospital bills from the birth of his son. We figured that either way the refund would be used to pay a debt that we owed. Now with everything that has changed, the same cannot be said for our stimulus. We really needed the $2,400.00 that has gone for the offset of his past due support. If I fill out the IRS form 8379 should I only put the stimulus totals? We are fine with how the Tax Return was handle, but he has since been furloughed and his unemployment filings have been a challenge. 

[DONTREADONME]

WELL MINE PAID OFF AND THEY STILL TOOK MINE THEY GAVE ME STATE CHECK 162 AND THE TOOK THE REST MOTHER **bleep**ERS

[She44trues]

This is not my debt my part of the check I should get

[Critter]

If you did NOT file an injured spouse form WITH the tax return and the stimulus was taken for child support then you MUST mail in a form 8379 now to get your portion of the money ... however expect this to take 4 to 6 months to process due to the current virus situation. 

Per the IRS : 

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.

[superchunkee]

What about if you did NOT file injured spouse with your 2019 tax return? We owed money so no need to file injured spouse, but now they took our entire stimulus check when I have nothing to do with my husband's back support debt. Can I file injured spouse now specifically for the stimulus?

[anikrys]

We have the same situation . Mine was the accountant forgot to file the injured spouse