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Returning Member
posted Apr 22, 2020 7:30:26 AM

What do I need to do to get my stimulus check if I already filed a injured spouse form with my taxes ?

Child support took my stimulus and I filed a injured spouse form with my tax returns. What do I need to do to get my stimulus check back ?

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6 Replies
Expert Alumni
Apr 22, 2020 7:46:03 AM

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

 

 

If I owe tax, or have a Payment agreement with the IRS, or owe other federal or state debts, will my Payment be reduced as an offset?

 

A21. No, with one exception. The Payment will be 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.

Level 2
May 4, 2020 10:05:30 AM

This is not true. We have filed injured spouse every year for the past 7 years and they still took his stimulus payment and no one at Treasury has answers but I got 2 letters both saying offset for my debt. I would appreciate any help that anyone can give me.

Expert Alumni
May 4, 2020 11:39:15 AM

If you live in a community property state (Arizona, California, Louisiana, Nevada, New Mexico, Texas, or Washington state) your injured spouse claim may be denied or limited due to state laws.   

 

 

@janda13

Level 2
May 4, 2020 12:46:07 PM

@SusanY1  I do not live in any of those states.

Expert Alumni
May 4, 2020 12:53:35 PM

Only the IRS knows why they are not processing this for you.

 

There can be other reasons when it comes to the tax refund (such as unequal withholding that doesn't make any of the refund "belong" to the injured spouse.)

 

For the economic impact payment the form should work.  However, it can take 10-12 weeks (or more under current conditions) for the form to be processed.  

Returning Member
May 4, 2020 6:46:50 PM

I live in Georgia