Refund offset

[jdierker77]

My husband had no income and I filed married filing jointly. Can they take my refund for a child support debt my husband owes if he had no income on the return?

[DianeW777]

Yes, however they will release it to you if you file Form 8379, if all the income is yours. You complete and mail the form because you are the 'injured spouse'.

Per the IRS about injured spouse actions. 

My advice is to file a Form 8379 (injured spouse) for tax year 2024, if you have not already done so.  Include a copy of the W-2s and any other document that has federal withholding, if applicable. This will take time so review the following information as well.

There is also the option of contacting the Bureau of Fiscal Services to inquire if they have been provided guidance on the stimulus and delinquent debts.

• Bureau of the Fiscal Service, (BFS), responsible for the Treasury Offset Program (TOP) and collections using taxpayer refunds due to debts such as delinquent child support.
• BFS's TOP call center at 800-304-3107, Monday through Friday 7:30 a.m. to 5 p.m. CST
• Topic 203-Reduced Refunds

Lastly, the Taxpayer Advocate Service (TAS).

• Select Contact Us, then select to download and complete Form 911, Request for TAS Assistance
• If you have not opened a case with TAS, call 877-777-4778

TAS is an independent organization within the IRS. Our job is to ensure that every taxpayer is treated fairly and that you know and understand your rights.