Injured spouse

[Kps1021]

If a tax refund is seized and used to pay spouses back child support, injured spouse form is filed and approved, where does the refund money come from? Trying to figure out how this will affect my husband and I later.

[MargaretL]

The refund comes from your joint return and your credits/deductions. When you file MFJ and Injured Spouse, you get the benefits of filing jointly (all credits/deductions) but you divide your tax return between your portion and your spouse's portion of the refund.  That way, only your husband's refund is taken to cover his debt on a student loan. Be aware, however, that filing Injured Spouse will delay your refund for about 14 weeks.

[Kps1021]

I Understand this. But if the money has already been given to his ex from the child support department , where does my refund come from? Does it come from the child support agency?

[MargaretL]

No, it still comes from the U.S. Treasury and it is your portion of your income tax. That's why you file injured spouse... you are saying that some of the refund amount on a joint return (from the treasury) is yours and some belong to your husband. Your portion is simply refunded to, his goes to the child support agency.

[InjuredSpouse]

I heard the ex only receives half of the total amount just incase there is an injured spouse form filed... Is this true? And then after 6 months and no form is filed the rest is released?

[egentry76]

It depends on the state.  In my case (Oklahoma) none of the refund is allocated to the custodial parent until the end of the "waiting period" so the full amount remains on hold for 6 months.   The refund was offset in April and was returned to the IRS for redistribution on September 3rd.   Still waiting to find out what amount, if any, will be paid towards the past due child support.