Should i claim Injured spouse protection of joint overpayment if my wifes is paying money owed to the DES ( Department of economic security) ?

[alejandraandrade]

My wife doesn't work and I'm giving the payments.

[DanaB27 · Accepted solution]

Yes, you can file Form 8379, Injured Spouse Allocation to try to avoid having your refund taken for paying your spouse’s debt. Please be aware that a return with form 8379 can take 11-14 weeks to process.

Please see How do I file Form 8379, Injured Spouse Allocation ... for additional information.

You can call 1-800-304-3107 to find out if you had a FMS offset that affected your tax refund. Please see Treasury Offset Program & Debt Management Services for additional information.