Injured Spouse Relief

March 28, 2011 by Jan Roberg
Filed under: Family, Uncategorized 
Sunday morning in Piazza del Popolo, Nov 2009 - 43

Photo by Ed Yourdon

So you filed your tax return expecting a nice refund and then nothing comes back. You go to the IRS “Where’s my Refund?” website and find a note that says your refund was held because of a prior tax debt—but you don’t have one. Turns out your beloved spouse owed back taxes from before you were married. Is there anything you can do?
Yes, there is. You may be able to file for Injured Spouse Relief.
How do you know if you qualify as an injured spouse? First, you must have made and reported tax payments. That means you either had income tax withheld from wages or you made estimated tax payments, or you claimed a refundable tax credit like the Earned Income Tax credit. Second, you must not be legally obligated to pay the past-due amount. For example, you weren’t married to your spouse when he or she incurred the debt.
Are there any kinds of debt besides federal income tax that can cause my refund to be taken? Your refund can be taken for state income tax, child or spousal support, or federal student loans.
Note: if you live in a community property state, there are special rules. If you’re in one of those states, you’ll need to see IRS Pub 55.
If you filed a joint return and you are not responsible for your spouse’s debt, you may request your portion of the refund by filing the Injured Spouse Allocation form, Form 8379.
If you haven’t filed yet, you can submit form 8379 along with your tax return. If you’ve already filed and received a federal offset notification, you can submit a form 8379 by itself. You can e-file the 8379 when it’s submitted with a return. If you’re sending in a paper tax return (okay, you know you should be e-filing whenever possible) then you need to write “INJURED SPOUSE” at the top left corner of your 1040.
If you’re filing the 8379 by itself; make sure that you list both spouses’ social security numbers in the same order as they appeared on your income tax return. I know this sounds kind of silly but it’s really important to put the social security numbers in the right order. You might be thinking that the spouse that’s injured should have his/her name on the top, but put your names in the same order as on the tax return.

How Come the Injured Spouse Allocation Form doesn’t tell you  how much you’ll get back? Good question, but it doesn’t. The IRS will determine how much of your refund you will receive. Part of the issue is that allocation for couples from the community property states will be different from couples who aren’t in community property states.
How long will it take me to get my refund after I file an injured spouse claim? It’s going to be slower than a regular refund. If you e-file a form 8379 along with your federal return, it will take about 11 weeks to process. If you mail your return in your refund will take around 14 weeks. If your tax return was already file and you’re sending in an Injured Spouse Allocation by itself, expect the IRS to take about 8 weeks to process it.
Am I better off just filing separately? Sometimes, yes. But if you qualify for any of the tax credits that aren’t allowed to couples who file separately then the Injured Spouse Allocation is your best choice despite the delay to your refund.

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Comments

527 Comments on Injured Spouse Relief

  1. Tamara Maus on Fri, 8th Apr 2011 7:00 pm
  2. Will I receive a letter saying whether or not I will be getting anything back?

  3. Jan Roberg on Fri, 8th Apr 2011 7:22 pm
  4. Yes, you should be notified by the IRS. Often you’ll get your refund before you actually get the letter.

  5. Dawn on Wed, 27th Jul 2011 1:47 pm
  6. I filed a injured spouse form after filing taxes due to my husband owed back taxes prior to our marriage. I just received the Federal tax back but it was made payable to both my husband and I. Why would it be made payable to both since I was filing injured spouse. The state sent the refund in my name only.

  7. Jan Roberg on Wed, 27th Jul 2011 6:38 pm
  8. Great question! Let’s get real, that’s your money. The IRS took your husband’s share of the money so the refund is yours. At least that’s what I would be telling your husband if I were you.

    What the IRS does though—- is when you’re married, it’s all together, so even though you are getting that money back because of your efforts, the check still gets written in both your names.

    Bottom line, you’re going to need his signature in order to cash that check. Sorry.

  9. Kris on Mon, 1st Aug 2011 3:05 pm
  10. I filed the injured spouse form after our taxes were offset for a debt my husband owed prior to us getting married. The IRS has had the form since May 4th. When I called to get some info on it I was advised that it would take up to 12 weeks, and that was it. At that time it had already been 10 weeks. As of wedensday it will be 13 weeks, and I still have not heard anything or received a letter or check. Is anyone else experiencing this? Does anyone know really how long it takes? Thanks in advance.

  11. Jan Roberg on Mon, 1st Aug 2011 3:38 pm
  12. Hi Kris,
    You’re not alone. It’s more likely to take 16 weeks than the 12 you were told. This is not your fault and it definitely doesn’t mean that you’ve done anything wrong–the IRS is just busy. Since they told you 12 weeks, it’s perfectly acceptable to call them again (I would.) But don’t be surprised if you don’t see anything until September.

  13. Katw on Sat, 6th Aug 2011 12:31 am
  14. It’s a long story with a lot of background, but the gist is, I filed with my ex, they took my money to pay his back child support, this was for the 2006 tax year, I had NO CLUE I could file to get my portion of this (about $2,800 worth) is it too late for me to do this? I live in texas if that makes any difference.

  15. Jan Roberg on Sat, 6th Aug 2011 12:57 am
  16. Hi Katw,
    That’s a really good question. Technically, you shouldn’t be able to make a claim for any year prior to 2008–at least if you were amending a return. But you’re not amending you’re just filing the injured spouse form. According to the directions, you’re supposed to file the injured spouse form as soon as your learn that your refund was withheld. It’s a reasonable argument.
    I’ve never filed an injured spouse form that late before, so I don’t have actual experience there. My best guess is that you won’t win this one. On the other hand, for $2800, I’d send the form in anyway. (If you’re doing this yourself, you lose nothing–worst case scenario the IRS says, “No.” If you’ve got to pay someone to do it for you, the risk might not be worth it. Sorry.

  17. Jan Roberg on Sat, 6th Aug 2011 12:59 am
  18. One more thing for Katw–
    Texas is a community property state. It does make a difference with the injured spouse return but you can still file for it. Don’t let that fact that you are from a community property state keep you from filing.

  19. Jan Roberg on Sat, 6th Aug 2011 1:04 am
  20. Update for Dawn,
    I was going over an injured spouse return and I noticed that if you divorced or separated from your husband since filing the return, there’s a check box where you can have the check issued in your name only. Only applies if you’re divorced or separated though. If you’re still together the check must come in both names.

  21. Jenna kerss on Thu, 11th Aug 2011 9:29 pm
  22. Me and my husband filed injured spouse for 2008 and 2009. (we are about to file 2010). We received both 08 and 09 back and they took all of mine and 50% of his. We live in Texas is that the reason they can take more than just mine? Also is there a difference between Injured Spouse and Innocent Spouse? If so can you explain….

    Thanks

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  23. Kris on Fri, 9th Sep 2011 12:59 pm
  24. So it has been 18 weeks and still I have heard nothing. I have a taxpayer advocate now but still no results. The only thing I am being told is it’s processing. Has anyone else ever had to wait this long when filing injured spouse? This is my first time filing this method. Any feedback will be greatly appreciated.

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  25. Jan Roberg on Fri, 9th Sep 2011 10:38 pm
  26. This is for Kris,
    Yes Kris, you’re not alone. It’s not your fault, and it doesn’t mean that there’s anything wrong with your application. The IRS really can be that slow in processing Injured Spouse returns.
    In the future, you can consider filing as “married filing separately”–but only if it’s not going to hurt you too much financially. I know some people who file the injured souse on their federal, but not on their state–because their state doesn’t take their refund. (These tips could be worthless to you-sorry.)
    Good luck. Hope you get your refund soon.

  27. Claryssa on Tue, 20th Sep 2011 9:30 pm
  28. I have been waiting for since June for my tax return and I still have heard nothing. My husband is deploying in a month and Im moving back to my moms house. Does anyone know what Im suppose to do about receiving my check?

  29. Jan Roberg on Wed, 21st Sep 2011 2:29 pm
  30. Hi Claryssa,
    Given the time line, I think you should have heard something by now. The quick and easy answer (which I’m guessing won’t work for you but I’m giving it just in case) is to check the Where’s My Refund Site at IRS.gov. Here’s the link:
    https://sa2.www4.irs.gov/irfof/lang/en/irfofgetstatus.jsp

    You’ll need the social security number for whoever is listed on the top of the return (either you or your husband), your filing status (MFJ), and the amount your refund is supposed to be. If your return has been received, there should be some sort of information as to what is going on. There’s always the possibility that your return was never received and you’ll know that too.

    My best guess is that it’s taking so long because you filed injured spouse. That’s supposed to take about 12 weeks to process but I’m hearing that’s it’s been longer–closer to 16. So it you filed injured spouse, that’s most likely the problem. (Check the where’s my refund anyway, because sometimes weird stuff happens to checks.)

    Because you are moving, I would definitely file a change of address form. It’s called an 8822, here’s a link for that: http://www.irs.gov/pub/irs-pdf/f8822.pdf
    If you’re expecting a check, you want the IRS to know how to find you. I would actually do the IRS change of address now, before you move. Your mom would hold the check for you if it went there. If you file the 8822 after you move, but haven’t received the check, you can almost guarantee that the check will go to your empty house, get sent back to the IRS, then they’d have to wait until the 8822 was processed before they actually sent it to you again. (At least that’s how my luck goes.)

    Good luck to both you and your husband.

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  41. Tanya on Thu, 2nd Feb 2012 9:08 pm
  42. So every year I have to file an injured spouse form due to my husband’s back child support. I have always lived in a community property state. This year we don’t live in a community property state. Will there be less time I have to wait for my refund because of this difference?

  43. Admin Roberg on Fri, 3rd Feb 2012 1:07 am
  44. Tanya,
    No. You’ll still have to wait. Sorry.

  45. Tanya on Fri, 3rd Feb 2012 4:56 pm
  46. I do not see why I have to wait so long. My husband does not work, so therefor he was no income. It is all mine anyway.

  47. Jan Roberg on Fri, 3rd Feb 2012 5:52 pm
  48. @Tanya–
    Now you’re just being logical! Remember, you are talking about the IRS!
    It’s going to take a couple of weeks longer than the regular returns. Here in Missouri–we are not a common law state, and the Missouri injured spouse seems to take much longer than the federal. I have one couple that just let’s Missouri keep it and they don’t even bother with the injured spouse anymore.

  49. Elaina on Sat, 4th Feb 2012 5:55 am
  50. Im from Illinois. My husband and I thought I had an offset against my social security number so we filed injured spouse form with our taxes (electronically) Only to find out, there is NO offset. I called Treasury Offset Program hotline and nothing is showing up. We filed Jan.23rd 2012 and it was accepted on Jan. 26th. My question is, will this still cause a huge delay if there is NO offset? Any advice is helpful. I have called IRS and one person told me yes there will be a delay and the other said no, i should recieve my refund in 2-3 weeks.

  51. Admin Roberg on Sat, 4th Feb 2012 1:34 pm
  52. Hi Elaina,
    I honestly don’t know. I would have said call the IRS, but you did and got conflicting answers–some days are like that.
    My guess is that when the IRS computers see the “injured spouse” form that your return goes into a separate pile from the other returns. Hence–slow things down. But then–when it finds there is no offset–it comes back out of the “pile”.
    So–although I think your refund won’t be as fast as the regular returns, that it will be processed more quickly because there is no actual offset.
    That’s the best I’ve got, but it really is a guess. I’d keep on top of the “Where’s My Refund” botton on the IRS website–although don’t be surprised if you get a message that says you’ve been delayed because of the insured spouse claim.

  53. Elaina on Sat, 4th Feb 2012 3:20 pm
  54. Thank you for responding. I was thinking the same also. Why should it take as long as the others if theres no offset to investigate like the others. I thought that was just my “wishful” thinking. Im just trying to get an exact estimate. Thank you agian for the advice.

  55. nate on Mon, 6th Feb 2012 1:14 pm
  56. if i go to H&R block , would they be able to give me an advance on my return if fileing for injured spouse?

  57. Jan Roberg on Mon, 6th Feb 2012 3:17 pm
  58. Hi Nate–
    I don’t believe that Block does the advanced refund payments any more. Why don’t you call them? Their number is 1 800 HRBLOCK.

  59. angel guzman on Tue, 7th Feb 2012 8:35 am
  60. i live in california ( community state) my wife owns back taxes from before we got married so last year we file married filing separately, i been told these is the way to go because we live in a community state IRS will take my wife’s part plus half of mine TRUE or FALSE???? i know we will loose a lot of credits but seems like i will loose less money filing married separately, or can i file married head of household?? what are the special conditions for this?? and in the case i qualify to file married head of household i notice IRS still ask me for my spouse info (name, SS #) these means they still can get my money to pay my spouse debt?? if i file married heas of household, what the best filing status for my spouse?? thank you so much

  61. wendy smith on Tue, 7th Feb 2012 8:47 am
  62. my husband and i are been separate since may 2011, but were not legally divorce he also have a debt with the IRS wich i dont want to keep paying, i live in california and have 2 kids can i file head of household?? and if possible how married or single?? im trying to file with turbo tax and shows that if i havent live with my husb the last 6 months of the year i can file head of household but im not sure if i need to do it single, thanks 4 the help

  63. Shannon on Tue, 7th Feb 2012 8:19 pm
  64. My husband and I filed a joint return by paper in August. I thought we were going to get $4500 back. My husband ended up owing $3500 in back taxes from when we wern’t even married. We called the offset hotline and he still has 2 more offsets attached to his SS# They still are “processing” our return and it has been over 5 1/2 months. Right now there is $1000 floating around after they paid off the back taxes. How do I find out what that will get applied to, and how long will it take. Can I file an injured spouse form even though I don’t work?

  65. Robert on Wed, 8th Feb 2012 3:57 am
  66. I Efiled injured spouse last year and got my return back in like 3 weeks this year at first it said 14 feb on “wheres my refund” then it changed and said its being processed and I have to wait 6-11 weeks why is this happening this year but didnt last year?

  67. christina on Wed, 8th Feb 2012 4:13 am
  68. my spouse is deceased and the lady at hr block filed it as married filling jointly even though i didn’t want to. they took almost my entire return to pay his debt…can i still file for this. i have a child to care for alone and he hadn’t even received a paycheck since 2009

  69. Smiley on Wed, 8th Feb 2012 1:49 pm
  70. I file injured.spouse last year by mail this year I efiled them if didnt put injured spouse on my 1040 form will.that be a problem

  71. Sarah on Wed, 8th Feb 2012 7:46 pm
  72. I have already filed my taxes electronicly, I know my husband owes back childsupport but did not know about the 8379 until after I had filed, Im on the fence about when to file it, Id like to get some of my refund back now, can i wait to get what im going to then file the 8379 for the more than 2k they will probably take?

  73. Sarah on Wed, 8th Feb 2012 7:49 pm
  74. Also I filed on the 4th and all taxes were accepted on the 6th, if theyre accepted does it simply mean they recieved them or theyre done with them and im just waiting for the money to come thru?

  75. Admin Roberg on Thu, 9th Feb 2012 1:46 am
  76. Hi Shannon,
    Finding that your spouse has a back tax issue after you’ve already filed can be really annoying. I hope he’s “making it up” to you. The IRS doesn’t like to give out their formula for awarding “injured spouse” tax refunds. Generally I’ll run the returns as married filing separatlely and that’s been a pretty accurate determinaton. If you have no income–and no withholding–it’s not likely that you’ll get much if anything. But I’d file the injured spouse claim anyway, make sure that you attribute the children (if you have any) to you. Good luck.

  77. Admin Roberg on Thu, 9th Feb 2012 1:57 am
  78. Hi Angel,
    I’ve never done an innocent spouse in a community property state so I think you should get a second opinion from someone other than me on that. I think that’s right–but I don’t have experience with it.
    If you are married and living with your spouse, your only two choices for filing a tax return is married filing jointly or married filing separately. If you’re living together, it’s illegal to claim head of household and considered fraud so don’t do that.
    Now, if you have kids–you can lose a lot of credits using married filing separately. If you don’t have kids–it’s not so bad. In some cases it doesn’t hurt you at all.
    If you file married filing separate–they do ask you for your spouse’s name and social security number–but the IRS will not take your refund to pay her debts.
    The only way you could use the head of household filing status would be if you and your wife lived apart for the last 6 months of the year and you had a child that you could claim as a dependent.

    Another solution to the problem is to settle the debt. I know, much easier said than done–but using the tax refund money to help pay it down will get rid of the debt sooner.

  79. Admin Roberg on Thu, 9th Feb 2012 2:00 am
  80. Hi Wendy,
    Since you did not live with your husband for the last 6 months of the year (be prepared to prove it) then you may elect to file a head of household. Your husband would file as married filing separately.

  81. Admin Roberg on Thu, 9th Feb 2012 3:25 am
  82. @Robert,
    I honestly don’t know. I do know that some returns have had problems with processing, but I think you filed after those. Most likely something snagged in the computer that required a human review. I don’t mean an audit–it could be anything. Three weeks for an injured spouse return is really fast–it seems more like it’s going to be more normal. You can be annoyed that your refund is held up. But don’t be worried–it’s pretty normal.

  83. Admin Roberg on Thu, 9th Feb 2012 3:31 am
  84. Hi Christina,
    If you are talking about a tax return that you filed this year, you may amend it to married filing separate if you file the amendment before April 15th. When a spouse dies, you are considered married for the entire year. For most people, this is an advantage, but in your case, definitely not. Good luck.

  85. Admin Roberg on Thu, 9th Feb 2012 3:53 am
  86. Hey Smiley,
    You’ve got a little problem but you can fix it. Without the injured spouse form your share of the refund will be used on your spouse’s debt. If your debt is offset again, complete the 8359 form and mail it in.

  87. Admin Roberg on Thu, 9th Feb 2012 4:07 am
  88. Hi Sarah,
    You should at least wait until you see the notice on Where’s My Refund that your refund is being held. Then mail in the 8359 form. I’d start filling out the paperwork now. Good luck.

  89. Admin Roberg on Thu, 9th Feb 2012 4:09 am
  90. @Sarah again,
    That just means that the IRS has accepted your return as being filed. You could probably start checking the “Where’s My Refund Site” by the time this posts.

  91. Lori on Fri, 10th Feb 2012 2:43 am
  92. My husband and I filed married joint I have an overdue military star card and the fms too our entire return. None of the federal return was from my income can my husband claim injured spouse and get some of his return back?

  93. brandon w on Fri, 10th Feb 2012 9:42 am
  94. my wife and i just filed on the 31st of jan. i owe back child support so she filed injured spouse. they said the projected date to recieve the refund is on the 18th or 24th of this month. she projected 44oo the refund. how much can we realisticly be expecting and do those dates seem right?

  95. C. Williams on Fri, 10th Feb 2012 5:49 pm
  96. So I just found out that my husband has some tax penalties from previous years way before we were married, I just got married last July 2011. We filed married filing jointly an they are holding my refund. I w3ent back to where i e-filed my taxes on January 23, 2012 and it was accepted by the IRS on January 24, 2012 this moring and we completed the Form 8379 Injured Spouse Allocation form, and I put it in the mail today. (next day mail, I paid the extra, I think this is worth it). I am the only one working and my husband is unemployed, so all the tax money is under me, so the question is, Well the entire refund be the same amout that was on the original amonut of refund that was on the taxes filed on January 23,2012? and how long will it take to receive, we it take less time since I the e-file was done earlier?

  97. Confused in Florida on Sat, 11th Feb 2012 4:03 am
  98. I am confused is Florida a community state? I filled an inured spouse per letter I got that my taxes were taken for my husbands past due child support, my husband has not worked in 4 years and now my taxes are being taken when I need it to support our family. We don’t even know where his daughter is at her mom stole her and moved to north Carolina which doesn’t excuesss his not paying child support but I barely can support my kids now how do I know if they gonna accept it and how much will I get back?. Please help?

  99. Admin Roberg on Sun, 12th Feb 2012 12:10 am
  100. Hi Lori,
    I think so. File the form and mail it in. Generally, what he should get back is what he’d get back if you two filed as married filing separately. It’s a little different in community property states, but it’s a good starting point to figure the refund.

  101. Admin Roberg on Sun, 12th Feb 2012 12:30 am
  102. Brandon,
    I honestly don’t know. I didn’t prepare the return, I can’t make guesses. One thing–and this has nothing to do with injured spouse–there’ve been problems with the refunds so I don’t count on anything right now. I just got an email today for my efile server provider, we’re switching back to the old efile program instead of the new one because of efile problems. (I think everybody is.) But don’t make plans for spending refund money until it’s in your hand.

  103. Admin Roberg on Sun, 12th Feb 2012 3:14 pm
  104. @C.Williams,
    It’s hard to tell what you’ll get back from the IRS. Generally, when I file an injured spouse, I run the numbers to see what the refund would be if I filed the return as married filing separately. That tends to give me a pretty accurate dollar amount as to what you can expect. Unless there’s EIC involved because there is no EIC with MFS returns.
    I know that they compute the refund differently in community property states, so if you live in one of those–you definitely won’t get everything back.
    Why the IRS doesn’t just give out their equation for Injured spouse returns is beyond me. I know I’m only an accountant so I’m not too good at math or anything like that, but I’d sure like it if they’d at least let us know how they were computing it.

  105. Admin Roberg on Sun, 12th Feb 2012 3:18 pm
  106. Hi there Confused in Florida,
    Florida is not a community property state. The rest of you answer is the same as C. Williams right above.

  107. Carrie Merritt on Sun, 12th Feb 2012 11:24 pm
  108. I have an offset that was filed 1/31/2012. I filed my taxes and they were accept the day before that offset 1/30/2012. Is the offset still going to affect this year’s return, or do they now have to wait until the following year’s return to take my taxes since I filed before the offset was filed.
    The company who filed the offset says it is a “grey area”.
    Thank you

  109. Heather on Mon, 13th Feb 2012 7:14 am
  110. So I have a rather lengthy situation.. my kids dad got kicked out of the marine corps last year. Prior to that for a year he lived in the barracks. Not with me and my kids. Nor this past year. My kids have lived with me. So technically we’ve been separated.. He got income for a month and a half from the marines and got unemployment the rest of the year with no taxes coming out. He would have had to owe alot of money. So we did ours joint. So he didn’t have to pay. But I only had a little income and but the earned income credit. But now find out all of our taxes are being offset for a military star card he owes. We live in a community property state. But technically the kids since they always have been living with me. I should get the earned income credit. . And he lives in Texas now.. should not have filed a joint return.. what is it I can do? Do I file a joint injured spouse form or can
    I file a amended return changing my filing status..

  111. brigitte on Mon, 13th Feb 2012 4:42 pm
  112. my husband filed income tax electronically last year.we owed money.I was under the impression that I still have to sign the return,but he never asked me to sign.I wonder how I can find out if I was filed on the return.

  113. jtaylor on Mon, 13th Feb 2012 9:24 pm
  114. Community property states mean what in regards to filing the injured spouse form? Does it mean that if your spouse ( the one who owes back child support) is not going to get a refund and me ( being the one who doesn’t owe anything) is only going to get half of what is expected to be refunded? The government is going to take half of my refund and all of my husbands? We e-filed married filling jointly. How is this going to affect the child tax credit? ( my husband and I have a child together) Also, when I mail in the 8379 form, do I need to include anything else with it? (like w2, 1040a?)

  115. Shaina on Mon, 13th Feb 2012 9:33 pm
  116. Is the only option to file 8379 by mail? Can you e-file a 8379 by itself?

  117. Admin Roberg on Tue, 14th Feb 2012 1:59 am
  118. Hey Carrie,
    I honestly don’t know. You’re sort of in that “Twilight Zone”. You filed, but what date were your taxes accepted? And even then, let’s say your taxed were accepted after the offset was filed, but maybe the IRS doesn’t have the information in their system yet. (Things take time over there.) I’m sorry, I really don’t know.

  119. Admin Roberg on Tue, 14th Feb 2012 2:37 am
  120. Hi Heather,
    Yours is a difficult situation. Let me ask you this: Did your husband live with you and the kids at any time from July 1, 2011 up to December 31, 2011? If the answer to that is yes–for example–yes, he did come home to live with us for the last two weeks of December–then I’m going to say No, you may not change your status to Head of household.

    Recognize that because you started out filing jointly–switching to head of household is a little suspicious.Even if you’re 100% legitimate–you’re going to be under tighter scrutiny–so make sure that if this is the way you’re going–that you’ve covered your bases. (Have a little documentaion ready in your files in case of an audit.)

    If you change your status to head of household–then your husband will have to file as married filing separately. That’s the worst tax status of all and he’s already in debt so how badly do you want to kick him while he’s down?

    Do you have any intention of repairing your marriage? If so, then don’t do the head of household, do the injured spouse. Yes, you’re a community property state, your refund will be less, but you’re paying down a debt and you’re working together.

    Remember, if he lived with you at all during the last 6 months, you don’t have a choice either. If you are changing your filing status, you must do it by April 15th or you will have missed the opportunity.

  121. Admin Roberg on Tue, 14th Feb 2012 2:46 am
  122. Hi Brigette,
    You can call the IRS and find that out. I’m guessing that your tax return is filed with your husband’s social security number on top. You can actually request a transcript of the return. Go to this IRS website: https://sa2.www4.irs.gov/irfof-tra/start.do
    If you still live at the same address, it will go to your home. If you’re concerned that he used a fake address, try calling the IRS at 1 800 829-1040. What you’re asking for is a “tax return transcript”. It will show you what was on your tax return, what you owed or what your refund was.

  123. Admin Roberg on Tue, 14th Feb 2012 3:28 am
  124. Hi jtaylor,
    You’ve pretty much got the community property thing down pat. The IRS doesn’t actually give out their formula for how they allocate an injured spouse refund, but that’s pretty close from how I understand it. (I am not in a community property state and haven’t had to do an injured spouse return in one. I’m only going by what I’ve heard.)

    You don’t need to send your w2s with your 8379. The W2s go with your tax return so the IRS will already have that.

  125. Admin Roberg on Tue, 14th Feb 2012 3:38 am
  126. @Shaina,
    you can e-file the 8379 if you efile it with your tax return. If you’re filing it after you’ve already filed your tax return then you have to mail it. Sorry.

  127. jtaylor on Tue, 14th Feb 2012 4:05 am
  128. Thanks so much for replying. Just one more question, how does the child tax credit affect us? ( we only have one child together) Technically would I just be receiving 1/3 of that? Meaning the IRS splits the credit in half, takes my husband half and puts it towards the back child support and then takes half of my half as well? …. Another thing, if we weren’t in a community property state, what would be the difference? I would be entitled to my earned income tax and the whole child care tax credit? Or would it just be half of the child care tax credit? Thanks again.

  129. Tracey on Wed, 15th Feb 2012 1:39 am
  130. Glad I found this site…I feel better I am not the only person in dire straits…Woke up today to find a deposit in our bank of $330 not the $7300 we were expecting, totally devasted to say the least, found out my husband had a federal debt of $7000, and they took the lot, We have 3 children and both work full time, he goes to full time school as well as works 40 hrs a week, His income was higher than mine, although I will be filing an injured spouse claim, as I have no legal obligations to this debt. We had NO letter from anywhere and he was making monthly payments towards this debt of $330 a month and they still did this to us? Anyhow we live in Utah not sure if that is a community property state or not? My question is is it worth me filing for an injured spouse claim if I earned alot less than him? Also I find the form 8379 confusing as to what amounts I put on there, especially when it comes to the child tax credits. Can I put this amount just all in my name or do I have to split this equally on the form? I appreciate your help, I have been really down and out all day regarding this devastating discovery, it also says it takes 8 weeks to process as we had already filed, and we have to send all our W2′s & 1099″s in with the form.

  131. Elisha Barrows on Wed, 15th Feb 2012 9:55 am
  132. Ok I just got married Jan 30th and and filed married jointly and my husband got a letter from child support saying they were only taking 1,097$ out of tax return and we got 3,381$ well we waited and waited for our taxes finally I called the IRS upset wondering where our money was and they told me they offset the whole thing 3,381$ worth, and I said earlier we got a letter saying they would only take 1,097$ worth of it. How can they do this or are they just holding all they money and just taking the 1,097$ or will they take it all and can they do that??? Also when is the latest u can file a injured spouse form? And also can I send the injured spouse form even if the IRS sent my taxes to the child support ppl?? Thank you so much :) )

  133. MAllgood on Thu, 16th Feb 2012 7:07 pm
  134. I filed taxes on Feb 3 with the Injured Spouse form. I checked the IRS site and it says we should receive a refund by February 24th. Is that when I can expect it or will that more than likely change or take longer?

  135. Admin Roberg on Fri, 17th Feb 2012 1:32 am
  136. Hi Jaime,
    Here’s a little trick you need to learn–when you file your taxes there’s a little box that says if the child is yours, his, or both of yours. Always say the children are yours. Your child, your child tax credit. (I’m not sure if all software does that, mine does. If you don’t choose, then it’s assumed that it’s joint. Also, I’m not sure how that works in a community property state either. I know the income is shared, but I’m not sure about the dependents.)
    I honestly don’t know how the IRS will be dividing your return. I’m sorry.

  137. Admin Roberg on Fri, 17th Feb 2012 2:37 am
  138. Hi Tracey–
    Yes! File the form! You’ve got nothing to lose now do you? If you don’t file you get nothing!

    Here’s the cheater way to do the form. I’m guessing you used a software package –go back into the return. Save a copy of what’s already been filed. Now go through and check the kids as belonging to you. Then, click on the button to generate the injured spouse form–it does the allocations for you!

    It won’t say how much you get back, but file the form anyway. Good luck.

  139. Admin Roberg on Fri, 17th Feb 2012 2:44 am
  140. Hey Elisha,
    There are so many things that could be going on it’s hard to tell without actually being there. (I can make guesses about stuff but it would only be guessing and that doesn’t do you any good.)
    One thing though–file the injured spouse form–it’s your best shot at getting some of that money.

  141. Admin Roberg on Fri, 17th Feb 2012 3:23 am
  142. Hey Mallgood,
    I would assume that your refund will take longer, but if you get the money on February 24th–you can be pleasantly surprised.

  143. Joey on Fri, 17th Feb 2012 4:36 am
  144. We filed joint last year. Turns out my wife did not pay any taxes on her income as an independant contract. We have not lived together in almost a year. If I file head of household this year will they keep my refund? Is there any way to prevent it if they do?

  145. Mindy on Fri, 17th Feb 2012 11:41 pm
  146. Hi,
    I’m trying to decide whether to file my taxes as Married filing jointly, or Married Separately. If I file Jointly, our refund is around $4,000.00. If I file Married Seperately, it’s only $1500. Here are the reasons I don’t want to file with my husband.
    1.) He owes approximately $5,000 from around 10 years ago, previous to when we got married.
    2.) He has back child support arrears that he owes from a previous relationship, of around $5,000.00.

    He didn’t earn any income this year.

    If I file Married, filing Jointly, and include form 8379 Injured Spouse form with my return, would the IRS refund me the entire $4,000 return, since he didnt’ earn any income and there’s nothing to allocate between me and my spouse, and I’m not legally responsible for any of his back taxes or child support?

    Any input would be greatly appreciated.

    Thank you,

    Mindy

  147. shaun on Sat, 18th Feb 2012 2:14 pm
  148. me and my wife got married last year. when we filied our taxes this year we filed jointly. the only income i had was unployment. i owe back support and taxes. we have 3 kids together. we filed form8379 with our return. will we get back the eic for the kids. everything was allocted to her because she had all the income. we live in pa if that means anything

  149. Heather on Sat, 18th Feb 2012 8:51 pm
  150. Hello,
    I live in Texas and starting receiving child support in Oct. 2011. I heard that if my daughters father owed more than 5,000 in backpay his IRS refund would be intercepted and given to me. Is this true? I barely started receiveing support about 6 months ago. Does this process take years before it is intercepted? Thanks.

  151. Amber on Sun, 19th Feb 2012 6:25 am
  152. Hi. So my husband and I recently got married 12/2011, would we file married still only being married for 30 days out of the year 2011? Also, he owes the State for child support too, and I really don’t fell like waiting to get my taxes until September, like last year (had to file an amendment).

  153. Stephanie on Sun, 19th Feb 2012 7:58 am
  154. My husband and I filed jointly last year, and as everyone else were shocked to find out there was an offset. We were suppose to get back a little 6k but only ended up getting a little under 3k after filing the ISAF. Anyways, if there a way to find out if there will be another offset? I believe (after receiving a taunting phone call from the debtor that he had succeeded in taking money out of my childrens’ mouths) that this debt was settled. I know there is still more debt floating out there but not sure if it’s gotten this far. Also, he is wanting to know if he is able to file head of household since he lived out of town for 6mo while working. Paid more than 50% to maintain household etc. we live in California.

  155. Admin Roberg on Sun, 19th Feb 2012 1:46 pm
  156. Hi Joey,
    Do you have children and do they live with you? If not, then you can’t use the head of household designation. But–you can file as married filing separately and that would protect your refund.
    If you do have kids, and they live with you, and you wife did not live with you for the last six months of last year–then you want to file head of household–it’s a much better tax status.
    If you have kids but they lived with her–she could sign the form 8332 to allow you to claim the children for the dependency exemption and the child tax credit.
    If you two decide to file together for some reason, be sure to file for injured spouse (but I can’t imagine wanting to file with someone that you’re not living with and who has tax trouble–there’s have to be a really good incentive for you to do that.)

  157. Admin Roberg on Sun, 19th Feb 2012 7:57 pm
  158. Hey Mindy,
    There are two very big issues to think about.

    1. If you live in a community property state–you won’t get the full refund.

    2. Your husband has a history of owing money. As the mean, cynical tax person that I am–I’m screaming RED FLAG! It might by okay, it might not. And you’re the only one who can answer this question. How come your husband has no income? There could be a perfectly legitimate reason. Lot’s of people are out of work right now. But no income at all? No unemployment? No nothing?

    Is your husband working “under the table” so he’s got income but just not claiming it? The reason I’m asking these questions is because if you file jointly with him now–and he turns out to be a “tax problem” for this tax year. You’re stuck with the bill.

    Do I think your husband is a risk? No, I don’t even know him. But have I had to represent wives’ who’ve filed jointly with husbands that later proved to be big risks and were left on the hook for thousands of tax dollars for filing jointly? You betcha! So I’m sort of reading other peoples problems into your question that probably aren’t relevant to your case at all.

    So–do ask the questions and be satisfied with the answers. If you feel perfectly confident that you have nothing to lose, then go ahead and file jointly with your husband. You may not get the full $4000 back, but you will most likely get more than the $1500 you’d get from filing separate. If you have any doubts at all–file separately and put your mind at ease. Remember, if you file jointly and the tax season ends, you can’t go back and amend your return to married filing separate–you’re stuck with your decision.

  159. Admin Roberg on Sun, 19th Feb 2012 8:37 pm
  160. Hey Shaun,
    You will have tax to pay for the unemployment income that you collected–so that will affect your return somehow. Your wife should still get the EIC for the children though. (You won’t pay in extra–just that whatever tax you would have paid for your unemployment income will come out of the refund.)

  161. Admin Roberg on Sun, 19th Feb 2012 9:09 pm
  162. Hey Heather,
    It seems like different states have different priorities as far as issuing liens agains a person’s tax refund. Since you didn’t start receiving child support until October, I would guess that no lien has been issued yet. But I honestly don’t know.

  163. Admin Roberg on Sun, 19th Feb 2012 9:29 pm
  164. Amber–
    1. You were married as of December 31 so you are married for the tax year. Your options are married filing jointly or married filing separately. You have no other options.

    2. If you file jointly–you defifitely want to file injured spouse due to the back child support.

    3. You weren’t married for 2010–what was the hold up? I’m assuming that it was totally unrelated to your husband’s back child support, you should not have filed jointly before you were married.

  165. Admin Roberg on Sun, 19th Feb 2012 9:33 pm
  166. Hey Stephanie,
    First, you and your husband live together so he can’t file as head of household. If you lived together at all for the last six months of the year–no HH. If he comes home fr Christmas–no HH. So that’s not an option.

    But, you can call the IRS next year before you file to determine if there is an offset to your taxes. That way you’ll know ahead of time and can plan accordingly.

  167. Amber on Mon, 20th Feb 2012 6:22 am
  168. Ummm.. well before married I was filing with our children. the amendment was me filing self employment and with W2s at two different places (smart one.. I know). I guess I’m just worried of having nothing in the end and having to wait. Next question is… Filing married separately with children, do or would we get credit for children?

  169. Mindy Atlas on Mon, 20th Feb 2012 8:05 am
  170. Hi,
    Thank you very much for your reply.
    1.) Yes, We do live in California, a community property state.

    2.) My husband owned his own business as a contractor, for over 20 years, and unfortunately his business has been effected by the economy, as well as 2 knee replacements surguries due to injury (both within the past 2 years , and osteoarthritis. We have custody of our children (4 boys), so he is in no way what you would have assumed by reading my questions.
    He has made no income for the last 2 1/2 years due to his knee surgeries.

    The only reason I am worried about filing jointly is due to the $5,000 arrears he owes for child support from a very long time ago, as well as the back taxes due from about 10 years ago.

    Being that we are in a community property state, and I made all the income, is your best guess, that if I submit the injured spouse form with the Married filing jointly tax return, I would definately get more than just $1,500 back ? I would rather take that slight risk and get closer to the $4,000 for filing jointly.

    Also, if I do submit the insured spouse form electronically with my tax return, will they process this at the same time as my tax return, so that I won’t have to wait extra months to get my money back?

    Thank you very much for your feedback.

    Sincerely,

    Mindy Atlas

  171. Jan Roberg on Mon, 20th Feb 2012 4:18 pm
  172. Hi Amber,
    I’m glad you weren’t filing married when you weren’t–that had me a little worried. So your refund was help up before because you filed an amended return–yeah, that can take 16 weeks. It’s not supposed to be that long, but….
    If you file separately, there is no EIC, so if your income qualifies you for EIC, if would do the injured spouse over filing separate. Even without the EIC, you’re still probably better off filing injured spouse over MFS unless there are other issues involved.
    Injured spouse will delay your refund, but not like when you amended your return before. It should only delay you a couple of weeks at the most.

  173. Kjones on Mon, 20th Feb 2012 4:22 pm
  174. I filed my return electronically. I know i have an offset and i did fill out form 8379….I just need to know where to send it to in the mail….the irs site is saying to my local irs center….Is that correct?

  175. Emily on Mon, 20th Feb 2012 6:17 pm
  176. My husband owes Student Loans and they took all of our taxes last year, Mine and his. This year I filed for injured spouse. How long will it take if i direct deposit and will I get the earned income credit it’s like 3,000. I claimed our daughter and should be getting the 1,000 from that but I was just wondering if I would get the earned income credit since I claimed her? I REALLY HOPE SO!!! lol

  177. Admin Roberg on Tue, 21st Feb 2012 2:12 am
  178. Hey Mindy,
    Sorry about your husband’s knee surgeries. That’s painful.
    So what’s my best guess? With a community property state–when you split the taxes, basically half of what’s yours is his. So you’ll get less than the $4,000, but it’s highly unlikely that you’ll get less than $1500. I think the risk is worth it. Besides–what does get kept will help pay down his debt and the sooner you get that overwith the better. (If I’ve totally blown it, you just go back and file as married filing separate before April 15th.)
    Do file the injured spouse form with your efiled return, it will make things go much faster. Good luck.
    (PS: sorry I had to ask the nasty questions, but I’m glad the answers are good ones.)

  179. Admin Roberg on Tue, 21st Feb 2012 2:34 am
  180. Hey Kjones–
    You’ve answered my mystery question of the day! I feel like a bell should ring and you should get a prize. Your local IRS office is where you return would have been mailed if you mailed it. For example: I mostly prepare St. Louis tax returns–all the St. Louis tax returns go to Kansas City, MO. Some returns go to Fresno, some go to Austin–it depends upon where the taxpayer (not the preparer) lives. Here’s a link to find where you should mail your form to.

    (The mystery question was–why does my software print out where the return gets mailed to even though I e-fle all of my returns? The answer: is because you need to know that if you have to mail something later. It’s been driving me nuts–I keep trying to fix it but my computer says it’s not broken. Duh! Thanks.)

  181. Admin Roberg on Tue, 21st Feb 2012 2:36 am
  182. Hi Emily,
    The best part about the injured spouse relief is that you are still able to claim the Earned Income Credit. I can’t tell you how much you’ll get, but it certainly should be better than last year.

  183. Billy on Tue, 21st Feb 2012 4:59 pm
  184. Hello ! Loving the information found here !

    My question….My wife and I just found recently that our return was hijacked , if you will, to cover some student loans of my wife’s that has slipped into default. We had been working with the lenders and thought all this was straightened out, but they failed to mention even after we had started back paying on the loans they could still garnish the return……anyway I have filled out the 8379 form and sent it on its way.

    We have 1 child and my wife is disabled and I have gotten so much varied information on EIC and my wife’s SSA-1099 forms that I fear I have done something wrong. Is there something specific that should have been done to address the EIC and/or the 1099 forms? I found nothing on the form to check for EIC and the SSA 1099 form listed no taxes being deducted ( I was made to believe this meant the 1099 form did not have to go with the 8379 form but “it couldn’t hurt to send it” to quote a tax specialist in my area) We live in Kentucky by the way :)

    Any insight into this would be great ! Thank you !

  185. Veronica Beasley on Tue, 21st Feb 2012 6:06 pm
  186. My basic questions is this:
    Where do I send my form 8379?
    Okay..I got married one year ago. I am the only one working. I filed my taxes, had a nice juicy refund coming and they IRS took it all. Every last penny. My husband owed past taxes AND child support! So, I filled out the form 8379. I hope I have filled it out correctly, the instructions confused me a bit. But mos”t annoyingly, I do not have any idea to where I must mail this form. The instructions say to mail it to wherever I sent mailed my tax return. I Efiled, so I have no idea where that is. It says if I Efiled that I must send it to “to the Internal Revenue Service Center for the area where you live.*” I live in the middle of nowhere in Arizona.
    Anyone have any clue where this form should be sent? The IRS instructions say that the address will be on my tax return. It is not. I filed via Turbotax. Their agents are not in any way helpful.
    Thanks in advance.

  187. Carl on Tue, 21st Feb 2012 7:36 pm
  188. Me and my Wife E-filled our Taxes with the Injured Spouce form in Janurary 2012. We live in California..
    The Where’s my Refund Website says we should recieve Refund Within 6 weeks. We are now going on our 7th week..
    Should I call IRS to get update, or should I just wait and keep checking that website?
    Thank You

  189. Emily on Tue, 21st Feb 2012 10:49 pm
  190. Thank you so much! That made me feel a lot better =)

  191. Steph on Wed, 22nd Feb 2012 1:40 am
  192. I went to check where our refund was and it had a note on the bottom saying that our refund maybe less due to an offset. Is this a normal statement or does this only go on those who owe money? I do owe students loans but it was before my husband and I got married, I have not worked in 3 years so is it possible that they took our tax money? we did file jointly, is it to late to file injured spouse?

  193. angie t on Wed, 22nd Feb 2012 3:37 am
  194. my spouse and i filed jointly i just found out their is an offset from military debt. if the irs is giving me a estimated check date does that mean i will be getting an refund? i worked all year not him. as well as for an injured spouse form does that have to be sent in to get some of the refund back or in some cases the irs take it upon their self? if your refund is offset does that mean garnished completely or the irs is just going to take some?

  195. JuJu on Wed, 22nd Feb 2012 5:47 pm
  196. Okay, my husband and I have been married since October 29, 2009. The first time we filed our taxes together was in 2010 for the 2009 tax season. We filed married filing a joint return. My husband owes back child support for his 5 year old daughter who lives in Tennessee. (regardless of the fact that he pays 700 a month in Child Support, and we travel 6 hours one way every other weekend to visit her) Nevertheless, I DID NOT file an 8379 Injured Spouse form that year because I was not aware of it. I have 3 children, that do not belong to my husband, and the portion of my return that I was entitled to, was used for his tax offset and what I DID receive was not the full amount that I should have. With that being said, last year I was informed about the Injured Spouse form and when all was said and done, I was able to receive what I was entitled to, 3 1/2 months after filing. My husband and I were filing our taxes last night, and our tax preparer asked me if I had ever filed a 8379 for the year that we first filed together. Informing her that I did NOT, she suggested I contact the IRS. I called them this morning and after being connected to the correct individual who worked in Tax Law, I explained my situation. She instructed me to fill out an 8379 Injured Spouse form along with all copies of W-2′s and 1099′s for the year of 2009, and mail them directly to the Department of Treasury for the state I reside in. She also informed me to allow 8 weeks for processing. Any thoughts or comments on this???

  197. Mindy Atlas on Wed, 22nd Feb 2012 9:28 pm
  198. Hi Admin Roberg,
    Thank you very much for your replies to my questions…you have been extremely helpful!

    Another question has come up:

    My husband when to court today and his Ex Wife finally dismissed the child support arrears he owed! He no longer owes the $5,000.00.

    The only debt he now owes is around $5,000 back taxes due to the Federal Govt and this was owed previous to our marriage.

    We do live in California, a Community Property State. Because his past debt is Federal, and not owed to California, would they still take into account the 50% Community Property aspect of this?

    Again, I am the only one on our tax return that has earned any income. He is disabled and not getting any benefits and has zero earnings for 2011.

    If I file the Insured Spouse document, along with our Married filing Jointly Return, and am expecting $4,000.00 back, would they still take into account that we’re in California and still garnish half, or would that not matter since it’s $5,000 in Federal back taxes that he owes, and it has nothing to do with California taxes?

    Thank you,

    Mindy

  199. Admin Roberg on Thu, 23rd Feb 2012 3:33 am
  200. Hey Billy in Kentucky–
    I don’t think you did anything wrong by sending in the 1099 form. And yes, you’re right, they don’t give you much information with the injured spouse form either. I sometimes think the IRS does that on purpose–but I’m kind of cynical.

    I can’t guarantee that it helps, but when I’m filling out the paperwork and e-filing I always say that the children belong to the injured spouse–not the one that owes money. (Unless the child truly isn’t yours–like in a blended family, but if you’re both the parents of one child, say the child belongs to the injured spouse.) Do that so the child tax credit and other child related credits and deductions go on your side.

    That’s my big advice. I know it’s not much, but it’s the best I’ve got. Hope that helps.

  201. Admin Roberg on Thu, 23rd Feb 2012 3:45 am
  202. Hey Veronica,
    I know the answer to this one–http://www.irs.gov/file/content/0,,id=105690,00.html

    I thought I posted it earlier but it wasn’t there. Your return goes to
    Department of the Treasury
    Internal Revenue Service
    Fresno, CA 93888-0002

  203. Admin Roberg on Thu, 23rd Feb 2012 3:49 am
  204. Hey Carl,
    For what it’s worth, a whole bunch of the January filed returns have had problems getting the refunds out. There’ve been all sorts of notices from the IRS about things being late. I’d give it another two weeks. Keep checking the site, but it’s not you–I’m pretty sure it’s the system.

  205. Admin Roberg on Thu, 23rd Feb 2012 3:53 am
  206. Hi Steph,
    That notice is pretty much for people who owe money. It sounds like your student loans have caught up with you. What you’re going to need to do is file the injured spouse form–it’s a pretty safe bet that your husband is the injured spouse, but make sure first–just in case he’s got some past debt you don’t know about either. You can mail the 8379 form in separately. Good luck.

  207. Admin Roberg on Thu, 23rd Feb 2012 3:56 am
  208. Hi Angie T–
    It’s quite possible that you still have money coming. Is the outstanding debt less than your total refund? Then you’d get a check. If the debt is more than your refund, expect nothing.

    One thing for certain though–the IRS won’t do the injured spouse allocation for you. If you need to file that form, you have to do it yourself.

  209. Rebeca on Thu, 23rd Feb 2012 5:57 am
  210. We filed our taxes Feb 1 and accepted same day! I went on to check the status of our refund and found out Feb. 8 that it was suppose to be deposited on Feb. 15, and saw note 203, called FMS since i knew i had student loans in default, but didn’t expect them to offset the refund since i don’t work. It turns out they did an offset on my husbands refund because we filed married jointly, its crap that they can do that! but it is what it is. So on Feb. 15 since i did not see the refund in our account, i was certain they had taken it anyways, so my husband filed out form 8379 and mailed it to our nearest IRS office, which is maybe 49 minutes away. I just want to know how long do i wait to check if the form was received? do i call my IRS office, or do i call IRS to find out if the form was received? i know i have to wait 8 weeks (April 16) but i want to know when they received it, so i can start counting for my 8 weeks from date of receipt. I read a lot and i know after 8 weeks or 30 days if i don’t hear anything from the IRS, our next step would be a tax advocate. I would really like to know if there’s a number i can call 5-7 days from the day we mailed out the form to get a confirmation the form was received??????
    *and what really worries me is that if we’ll get any of it back*?????? I already entered a 9 month repayment plan,and my student loan should get out of default after those 9 months and 15-45 days to complete, so pretty much 10mth+. The guy from ERS (debt collectors) said that after completing the program my taxes should not be affected. i don’t know if that is 100% accurate or should i get that in writing??? My husband is the only one that works, and this refund was suppose to get us out of a lot of debt, and unfortunately we are now facing more hardship than ever, we only have $32 dollars to survive on until my husband gets paid 9 days away, we running out of food =( . We don’t get much left after our bills are taken out, and we have 2 kids and one in the way. please help!!!!!!!!! really want to get some answers!! thanks a bunch!! appreciate any input!

  211. Gina on Thu, 23rd Feb 2012 9:59 pm
  212. Thank you so much for answering our questions!

    We live in a community property state. We have to do an injured spouse form. Will the refund be split 50/50 (half to injured spouse and half to loan) because of where we live?

    Thank you

  213. Gina on Thu, 23rd Feb 2012 10:34 pm
  214. Not sure if my first question went through, due to wrong email:

    Thank you so much for answering our questions!

    We live in a community property state. We have to do an injured spouse form. Will the refund be split 50/50 (half to injured spouse and half to loan) because of where we live?

    Thank you

  215. Admin Roberg on Fri, 24th Feb 2012 2:19 am
  216. Hi Juju,
    I’m thinking that you should gather your paperwork together and mail it in! The only possible outcome is to help you, and it can’t hurt you. You just might come out ahead. Go for it. (And yes, that does make sense.)

  217. Lisa on Fri, 24th Feb 2012 1:52 pm
  218. My husband and I live in Tennessee. We efiled on Feb 3rd and were expecting over 10k on our return. My husband has back child support but he only paid in $147 in
    taxes in 2011. 99% of the return is from my income. We were told by our tax person and our attorney that that could only take the $147 so I didn’t file injured spouse with my return. Today they only deposited $1,079.. they took almost all of it. I will file injured spouse. My question is this.. I know I am entitled to get my money back but where is my money setting in the mean time? Do I have to actually get it back from his ex wife or is it held for a time period?
    Thank you in advance for your answer!

  219. Admin Roberg on Fri, 24th Feb 2012 10:34 pm
  220. Hi Rebeca,
    The best way to send anything to the IRS is certified mail return receipt requested and make sure it goes to the right address and this link will guide you: http://www.irs.gov/file/content/0,,id=105690,00.html if you did send it to the right address give it at least two weeks before you call the IRS and check on the receipt. I know how hard it is when you’ve got young ones at home and money’s tight. Good luck hang in there. You’ll be okay, but it’s going to take some time. Eventually you’ll get this worked out. The thing about being married is that the government counts you as one unit so your debts are your husband’s debts and vice versa. Unfortunately you had to learn it the hard way.
    For what it’s worth I had another client who did the payment agreement with her student loans and after making enough timely payments they took her out of collections.

  221. Amy on Sat, 25th Feb 2012 3:58 am
  222. Hi I am trying to find out when I can expect my refund this year. I received an email on the 26th of January saying that my taxes had been excepted and were being processed. I did file an injured spouse form with my taxes because my husband owes some back child support that is about 5,000 after becoming unemployed. I have 3 children that are mine and not his and my income was the only income for the entire 2011 year…. I already received my state tax check that was offset.. It was supposed to be 120 and I received 64. So with that being said will I get to keep my entire federal refund and when will I get it. The refund site says six weeks from the date of filing if all is correct???? Any ideas about how it will go this year..
    Amy
    Illinois

  223. Rebeca on Sat, 25th Feb 2012 7:25 am
  224. Ohhhhhhhhh ohhhhh! I guess I sent my form to the wrong address!!? I sent the form to my local IRS service center, instead of the address shown belonging to each state! I will send another one to the correct address overnight! Will this caus a problem? I wonder if my local center will forward it? and can I do it overnight to that address or is it another address for over night? I really need this to get there already, i Will also do a confirmation receipt! Thanks for the eye opening ! That had he confused! Its probably the stress!

  225. Ali on Sat, 25th Feb 2012 12:45 pm
  226. I actually have a question… my husband had went to college while were still dating and he never even finished a semester. Our tax refund was taken entirely by the Department of Education for his lack of paying on those loans. Should I receive my share back? I made more money than him this past year? I did not know if the money would fall back on me because we were married a couple months after he quit college? Thank you!

  227. Juanita on Sat, 25th Feb 2012 3:40 pm
  228. Here is my question and it may be a bit confusing. My husband and I have been seperated since May of 2011. He doesn’t have a permanent address and still uses mine. I file my own taxes and don’t really know the laws to well on filing. Long story short. I did married filing joint(because we are not legally divorced) instead of head of household. Now my entire refund was taken for his past due student loan. My question is should I do the 8379 form or should I do the amended form. Or should I do both. We have two dependents. I am so confused.

  229. Cathy V on Sat, 25th Feb 2012 3:40 pm
  230. So happy I found this question and answer article about form 8379! I only wish I had found it sooner. Here is my ‘issue’: My husband owes back child support. His case was just re-opened in a new state in August. We decided to go ahead and fill out the injured spouse form just in case. I now think that was a mistake and we should have waited given the difference between 8 and 11 week processing times….maybe we would have gotten our return and not had to wait, but at least we would know.

    Regardless, we filed the form. We have one child together and I did not make any earnings from a w-2, however I did have about $3000 in prize winnings. Will the prize winnings help me to be able to garner more of the refund for my child? I know I tried to do a mock married filing separately and it said I didn’t get anything back. But then again, TurboTax doesn’t have an option for me to claim my son as mine. We do not live in a community property state.

    I still think there is a chance we will get our whole return back, but it’s being delayed by the filing of an unnecessary form. Did you know there is a number you can call to find out whether or not your federal return “may” be offset? 1-800-304-3107

  231. Candace on Sat, 25th Feb 2012 6:29 pm
  232. My husband and I filed our federal taxes and the injured spouse form electronically and it was accepted on Jan. 21st. My husband is a stay at home dad and I made all the income for 2011. Our return should be $7344 as a joint return. He owes back child support and we would have had our whole return offset without the injured spouse form. If I would have filed separately, I would have only got around $250 back. We do not live in a community property state. What should I expect back for a refund. I see some posts on other sites where people have gotten the whole refund if their spouse hasn’t worked, and others say differently.
    Thanks

  233. Amanda on Sat, 25th Feb 2012 9:51 pm
  234. I filed injured spouce IRS told me they recieved it and that i should recieve my tax money before the end of march well I went on the website where is my refund and it says they took my taxes for my husbands back debt so i dont understand why or is that legal

  235. Admin Roberg on Sat, 25th Feb 2012 10:36 pm
  236. Hey Gina,
    The refund will be more like 1/2 of whatever you’d get. The formula for the community property states is kind of funky–it’s like they figure what you’d get and take 50% of that for the debt. (But it’s better than not filing injured spouse at all.)

  237. Admin Roberg on Sat, 25th Feb 2012 11:02 pm
  238. @Gina,
    No you had the email right. I’m just slow this week. Sorry.

  239. Admin Roberg on Sat, 25th Feb 2012 11:22 pm
  240. Hi Lisa,
    That’s a great question! No, you don’t have to wait for the money from his ex-wife. The IRS will refund the money to you. If people had to wait for something like that–no one would ever get their money.

  241. Jenny on Sun, 26th Feb 2012 2:57 am
  242. Husband and I filed taxes on electronically on Jan 19th, and of course got notice of an offset instead of a refund. I then mailed a form 8379 on February 9th. Tonight on the ‘where’s my refund’ site it said adjusted amount $0 on the left side. Does this mean that the 8379 has been received and processed and we are getting nothing back?

    If I made a mistake on the form is there a chance to fix it? (I am so confused)

    Thanks for all the answers you give,
    Jenny

  243. Admin Roberg on Sun, 26th Feb 2012 3:21 am
  244. Hi Amy,
    I really can’t predict what the IRS will do. If the children are yours and all the income is yours–I’d would have thought that the whole refund would be yours as well.
    I do think the 6 week time line sounds reasonable though.

  245. Admin Roberg on Sun, 26th Feb 2012 3:25 am
  246. @Rebecca–
    1. Yes it is the stress, and 2. It’s a really common mistake–that’s why I sort of made a guess and included the link about the addresses.
    You’re almost better off regular mail with the certified return receipt requested than the overnight. Sometimes I think they toss the overnights in a corner to open later.

  247. Admin Roberg on Sun, 26th Feb 2012 3:31 am
  248. Hey Ali–
    It doesn’t matter when your husband incurred the debt–now that you’re married the debt does to both of you. That’s why your joint tax refund gets nabbed for his college debt.
    Now–you might be able to get some of your refund back by filing the injured spouse form. Basically–if you were to file as married filing separately–would you get a refund? If the answer is yes, then I would definitely file for injured spouse to get whatever refund would be coming to you.

  249. Admin Roberg on Sun, 26th Feb 2012 3:33 am
  250. Hey Juanita,
    In your case, I would amend my return and claim head of household and let your husband file as married filing separately. He hasn’t lived with you during the last 6 months of the year so you may legally file using the head of household designation. I think that’s the best solution for you.

  251. Admin Roberg on Sun, 26th Feb 2012 3:45 am
  252. Hi Cathy,
    I always figure it’s better to file the injured spouse form even if you don’t think you’ll get anything–just in case. Gambling winnings won’t give you an earned income credit, and I don’t think you had enough to qualify for an additional child tax credit–but like I said–file anyway. Assume you won’t get anything and then be pleasantly surprised if you do.
    There used to be a phone number you could call before the fact to find out if there would be a federal offset–but the number I used to call at the IRS was discontinued. I would try the regular IRS–1 800 829-1040. They should be able to give you an answer. (Fair warning–you’ll be put on hold a lot and transferred a couple of times.)

  253. Admin Roberg on Sun, 26th Feb 2012 3:48 am
  254. Hi Candace,
    I honestly don’t know. The IRS doesn’t give us their exact calculations. I would think that since all the income is yours, the children are yours, and the tax credits should be yours–that the refund should mostly be yours. But–I know better than to second guess the IRS.

  255. Admin Roberg on Sun, 26th Feb 2012 4:01 am
  256. Hey Amanda–
    You spoke to someone at the IRS and they told you you’d get your money in March. I’d trust that and not the “Where’s My Refund” website. There’ve been many problems reported with Where’s my Refund so go with what the real person told you.

  257. Admin Roberg on Mon, 27th Feb 2012 1:53 am
  258. Hi Jenny,
    You can’t go by the Where’s My Refund site. (It’s had several problems reported this year.) I doubt the the $0 has anything to do with your 8379 form being accepted.
    The IRS says they need about 14 weeks to process the 8379 form–if you were getting $0 back, it wouldn’t be up on Where’s My Refund yet.

  259. Sheryl on Mon, 27th Feb 2012 4:20 pm
  260. My husband’s taxes were prepared incorrectly for 2009, and he was not made aware until he started receiving notices from the IRS saying he owed (when he went to file his 2010 taxes.) So the IRS kept his return from 2010, and now they took the rest of what he owed from our joint return for 2011. We just got married in Nov. 2011, IRS “where’s my refund” said we would be getting 1,xxx.00 amount, but we only received half due to he owed back child support (which we weren’t aware of). So now, if I file an injured spouse form, will they give me my share of what they took for his IRS debt/back child support and then send him a notice that he owes again?

  261. Shaina on Mon, 27th Feb 2012 8:56 pm
  262. Thanks for you help!

    One more question… I sent my form a few weeks ago and I just want to make sure they received it and what not. I don’t want to have to wait even longer because I didn’t know they didn’t get it or there was a problem that I won’t hear about for months when I can just follow up on it now. Where or who would I contact to check into it?
    If I can go to wheres my refund.. What do I put in as an amount since I don’t know what it will be?
    I did check there with my original amount and it doesn’t say anything about them receiving it yet or anything about processing so i’m stumped and stressed and just want to make sure its on the right track as we are desperate for the money.

    Thank you!

  263. Emily on Mon, 27th Feb 2012 9:47 pm
  264. WE have been filing injured spouse since we got married. My husband has at times had back child support – whenever that is involved they have only taken half. He has a student loan in default but caught up on child support. We filed the injured spouse just in case, and they left us with less than 1/4 of the total refund. We live in Idaho which is a community property state. One year we got like 100 back on a couple thousand dollar return. I don’t get it. I can understand when we only get half but more than that seems excessive.

  265. Beth on Mon, 27th Feb 2012 10:17 pm
  266. My husband and I filed jointly this year .. we just found out that the its is holding the refund due to student loans I acuired before we were married. He is the only income. Do I have to be paying on the loans for him to be able to claim injured spouse and receive some of the return ?

  267. Admin Roberg on Tue, 28th Feb 2012 3:13 am
  268. @Sheryl,
    Yeah, pretty much. You’ve got it.

  269. Admin Roberg on Tue, 28th Feb 2012 3:27 am
  270. @Shaina,
    You won’t find any answers on Where’s My Refund. Forget about that site. You can try calling the IRS 1 800 829-1040 to follow up. You’ll be on hold a lot, and transferred a lot–but eventually, someone will be able to tell you if your Injured spouse form has been received.

  271. Admin Roberg on Tue, 28th Feb 2012 3:33 am
  272. Hey Emily,
    It’s a little crazy but the IRS does have a formula for doing the Injured Spouse. (Sharing it with the rest of the world would be nice, but trust me, they do have some logic to this.)
    It’s not like your refund will be an automatic 50/50 split. They base the injured spouse allocation off of what your tax liability is versus your spouse’s. Basically, if you were to file Married Fililing Separate–they would allocate it like that. Special credits like EIC and the child tax credit are allocated based upon who claims the children.
    In a community property state–once the refund is allocated–they make the assumption that half of that belongs to your spouse–so community property state people get less money in an Injured Spouse claim than the same circumstances in a non-community property state.

  273. Admin Roberg on Tue, 28th Feb 2012 3:43 am
  274. Hi Beth,
    You don’t have to be paying on the loans for your husband to file the injured spouse form. Now–I do recommend that you try to set up a payment agreement and settle your outstanding loan balance. If you do, and you make your payments on time for long enough–you won’t be in collections and the IRS won’t take your refunds anymore.
    In the meantime–your husband should file for injured spouse.

  275. NIKKI DEPUE on Tue, 28th Feb 2012 8:08 pm
  276. Florida put a judgement against me illegally for support I do not actually owe. I My mother took over 200,000,00 but Florida did not want to hear it. I do not work do to illness but pay her every month. My husband is the only one that works . But when we went to E-File we were told we were unable to file injured spouse on his behalf. Something changed this year? Anything we can do. He should no have his refund taken. thank you

  277. Rebeca on Tue, 28th Feb 2012 11:37 pm
  278. I was wondering… If I were to do my 2012 taxes in 2013, and I have been repaying my student loan and it’s in good standing… do I call the FMS number before I file to find out if there will be an offset? Or is that information known after you file? According to ERS the guy that helped me do the repayment, he said after 9 months my student loan will come out of default and it won’t affect my taxes.

  279. Jan Roberg on Wed, 29th Feb 2012 7:19 pm
  280. Hey Rebecca,
    It’s never 100% positive–but generally, you can call the IRS to check for an offset before you actually file your tax return. I did that with a client last year–she was paying off her student loan and we were waiting for her to be taken out of collections before we filed her tax return. It all worked out okay. Good luck to you.

  281. Admin Roberg on Thu, 1st Mar 2012 1:25 am
  282. Hey Nikki,
    I think I’m missing some information because something’s not making sense. What does your tax return look like if your husband files as married filing separately? If he gets anything that way, I’d try that–it’s better than nothing.

  283. amanda lampkin on Sat, 3rd Mar 2012 1:11 am
  284. my husband fild injared spouse and the irs took our refund what the whole perpuse of having that form. also we live in texas.

  285. Frank on Sat, 3rd Mar 2012 3:48 pm
  286. Hi…I have a question about Line 9. Why would you need a refundable credit in order to be considered an injured spouse. I have a situation where the husband has an old federal student loan. The wife has no ties to this debt and is not required to pay it back. By reading Line 9, I think it means if no refundable tax credit, then you are not an injured spouse…meaning the spouse’s portion of the refund will be used in the federal offset.

  287. Admin Roberg on Sun, 4th Mar 2012 12:54 am
  288. @ Amanda,
    Your husband filed injured spouse–that means that you are the one with the debt, right? So, if you were to file separately–who would have gotten the refund? If it would be you–then your husband filing injured spouse won’t help. Sorry.

  289. Admin Roberg on Sun, 4th Mar 2012 1:38 am
  290. Hi Frank,
    You can still file injured spouse with no refundable tax credit. The two refundable credits that we normally think of are the EIC and the additional child tax credit–those are asked about in question 8. The other refundable tax credits are the American Opportunity Credit–for college tuition, and those other things–the fuel tax credit and the weird stuff on line 71 that you almost never see. (Or I almost never see anyway.)
    Those questions are more for the IRS to look at which spouse should get those refundable tax credits–not if the spouse should be able to claim the refund or not. Hope that helps.

  291. StephiLynn on Mon, 5th Mar 2012 1:17 am
  292. My husband and I separated towards the end of last year and in order to take advantage of the tax breaks filed our tax return MFJ since we’re still legally married. I recently learned that the tax refund has been withheld to offset his student loans. I understand that I can file an Injured Spouse form to collect my portion of the tax refund but my question is how is that determined? I earned all the income in 2011 since he refused to work (part of the many reasons we’re divorcing). When I have my tax software (Lacerte) generate form 8379, it allocates the entire refund amount in my column since I earned the money that resulted in the refund. I’ve asked several CPAs how this works and I’ve received various answers. One said the IRS will process my return as MFS and I’ll lose his standard deductions so I would receive roughly $1000 back. Another said it will still process MFJ, they’ll just allocate the whole amount to me since I was the only one who worked so I’d get the full $2700. I live in Utah, which is NOT a community property state so I know the refund won’t be split down the middle. Any thoughts or feedback? Thanks so much for your help!

  293. Beth on Mon, 5th Mar 2012 7:20 pm
  294. My children’s father was married b4 the court order was put in place for him to pay child support. So according to the regulations she is kinda just as responsible for what he owes but they are still holding my payment for six months for her to file injured spouse. He recently quit his job and is no longer making his payments so i could really use the 4000 they’re holding is there anything i can do to get them to release it?

  295. Admin Roberg on Tue, 6th Mar 2012 2:16 am
  296. Hi StephiLynn,
    You have Lacerte? So you asked several CPAs because you work in a CPA firm don’t you?
    And you’re getting different answers because the IRS just doesn’t share how they determine the injured spouse awards. (Drives me crazy–just give me the formula and let me work.)
    But–based upon what my clients who have filed injured spouse claims before had dealt with–I believe that you should get the full $2700 back. But–don’t count on it–assume the $1000 and be pleasantly surprised if you get the rest.
    I know that’s a cop out answer, but I’m never 100% confident with the injured spouse thing. It seems like there’s always some crazy exception that I don’t know, so I’d rather err on the side of caution.

  297. Admin Roberg on Tue, 6th Mar 2012 3:16 am
  298. Hey Beth,
    I have not power or control over what the IRS will release for your child support. (Okay, I don’t seem to have any power or control over anything, not even the dog today, but you know what I really meant.)
    Now as far as the injured spouse thing–I’m pretty positive that they will not hold her share of refund for your child support–I’ve never seen that happen so I wouldn’t expect your case to be any different.
    Now you could try contacting the taxpayer advocate’s office. Here’s more information about them: http://www.irs.gov/advocate/article/0,,id=212313,00.html
    I’m not confident that they can help you–they really limit cases that they’ll take on. But I’m thinking you might be able to get help because this situation is causing you extreme financial hardship and that would be the issue I’d bring to them. The worst they can do is say no, right?
    Good luck.

  299. lili on Tue, 6th Mar 2012 6:50 pm
  300. Hello! I wish had find your web ahead of time filling my 2011 return.
    We have filled jointly returned for our 2010 taxes(this happened last year)the return amount was about 6000dlls because we were eligible for the earn income credit and our child credit(we have one baby together)
    I did not work on 2010, so I did not report any income. I heard last year about injury spouse form but did not fill it since I did not work, I thought was not eligible for that, now in 2012, one year after we claimed our taxes, Can I still send the 8379 form? Do you think part of that money belongs to me?

    This year, we filled jointly taxes again; he did not report any income, it was only my income to claimed our only child again which I supported the whole year.. I did not know the 8379 form could be filled in at the same time you claim your taxes. Now, I have to send it by separated as I already received the letter that the refund is been apply to his debt again, I was not eligible for the earn income credit but for the child credit…Are they going to send me the child credit to me when I submit the 8379?

    Thanks a lot for your help

  301. lili on Tue, 6th Mar 2012 6:56 pm
  302. and by the way,I’m in NJ (not community property state)
    Thanks in advance for your help

  303. Jenifer on Wed, 7th Mar 2012 10:38 pm
  304. My husband and I have filed taxes together for 11 years. I collected student loans that ended in default. I started a job in 2010. We got our full refund for that year. For the 2011 tax year we got an offset on my student loans. We filed the 3rd week in January and filed the Injured Spouse on February 10th. He is self-employed with almost 7,000; I made 11,000 with taxes taken out. We have 2 children that he claimed on the Injured Spouse. I haven’t heard anything about him receiving any amount nor have we received a letter. Plus I am unsure whether he will get anything due to us being together when the loan incurred or because he is self-employed. He didn’t know about the amount of the loan, but I have been paying on them since I started working in 2010. Thank you for your time.

  305. Brittaney on Thu, 8th Mar 2012 1:10 am
  306. So my husband and I found out on 2/13 that his tax refund had been offset due to some of MY past due debts (that he is NOT legally responsible for). So we went down to H&R Block where we originally filed our taxes and they did the form for us. I mailed it to the IRS on 2/14. When I called the IRS to get the address I had one lady tell ne it would be 12 weeks before we received our refund, then another lady told me 4-6weeks. I just called last week and spoke to someone at the IRS to make sure that our 8379 had been received. He told me that, yes, it was received on the 17th and began processing on the 23rd and that it MAY take up to 45 days but 9× out of 10 it usually only takes 2-4 weeks. My question is, now I have 3 different possible dates to receive our refund, which one is more plausible? And anyone who has filed an 8379, how long after it was received did you receive it? TIA

  307. stev ie on Thu, 8th Mar 2012 2:50 pm
  308. Hi me and my husband filed our taxes as married filing joint for the 2011 tax year and come to find out he had some unpaid student loans. My question is… if I didn’t work for the year of 2011 can I still file the injured spouse form? I was a stay at home mom for our 3 kids and we were expecting almost 8k and we only got 2. What can we do?

  309. Heather on Thu, 8th Mar 2012 5:56 pm
  310. I filed a injured spouse form and I called the IRS yesterday and they told me that my return has a processing date of 3/12/12. Does that mean that I will know something about it at that point. I filed my taxes and they were accepted on 2/14/12. I made most of the money and my husband only made 2000 last year. We get the EIC credit and I wonder how that will be devided. I live in Oregon if that helps.

  311. Admin Roberg on Fri, 9th Mar 2012 1:26 am
  312. Hi Lili,
    You can just mail in your 8379 form now. I would file for both 2010 and 2011. I don’t really think you’ll get anything for 2010 since you didn’t work–but as my husband always says–if you don’t ask, you don’t get.
    I definitely expect you to get something back for 2011. I’d do the 2010 just to see. If you get nothing–you’ve lost nothing. Good luck.

  313. Admin Roberg on Sat, 10th Mar 2012 1:22 am
  314. Hey Jennifer,
    You have to give it time. One thing though is that your spouse is self employed–so on his side of the form is the self employment taxes. That will reduce his refund but the kids and the EIC should cover that.
    Even though your loan was made while you were married, I believe that the loan is still in your name only and that the debt for the loan is not being held against your husband.
    But don’t worry about not having heard anything yet. The IRS is so backlogged, I wouldn’t be concerned yet.

  315. Admin Roberg on Sat, 10th Mar 2012 1:33 am
  316. Hi Brittaney,
    Go ahead and scream. Welcome to my world. In fact, all of those answers could be correct–depending upon who said them and where, etc.
    There’s the “standard–how long it’s supposed to take” time line. There’s also the “we’ve been experiencing delays lately” timeline. And–what you also got was the –we’ve received your form and started working on it timeline–I’d go with the person who actually knew where your paperwork was–that’s probably your best bet.
    But–to be brutally honest, don’t count on any of that money until it’s actually in your hands. I was reading an article today about how the IRS is really backlogged and can’t hire more staff due to budget cuts–so it does affect the timelines. The IRS website says that it can take up to 14 weeks. I think that’s long compared to what I’ve been hearing, but I just thought I’d throw another timeline into your mix. Sorry.

  317. Admin Roberg on Sat, 10th Mar 2012 1:43 am
  318. @Stev ie,
    Hi, I don’t think it will help you. But for what it’s worth–you did get some money back and your husband’s debt is paid off. So it’s still kind of a win for you.
    You could try the injured spouse form, but since you had no income–even if you claimed all three kids, there’d be no EIC, no child tax credit, no nothing. And, at least in your situation, you did get some money back–I doubt you’d have gotten any more than that by filing injured spouse.
    I know that sometimes I say–go ahead, what have you got to lose–but in your case I think you’re better off as you are.

  319. Admin Roberg on Sat, 10th Mar 2012 1:46 am
  320. Hi Heather,
    If your return has a processing date of 3/12–I’m thinking that means that’s the date they’re going to take a look at it.
    As far as how the IRS allocates the EIC–I have no clue. They don’t publish their strategy (which drives me nuts) so I really can’t tell you what you’ll get. Sorry.

  321. Kristy on Sun, 11th Mar 2012 5:31 am
  322. I live in California, my husband and i file “married filing jointly” and have since 2008, every year i have filed the injured spouse form and received part of the refund back, I have no income, we have 2 children together. Today we received a letter from the irs saying the full balance was offset to the department of education. why? i filed injured spouse with our 2011 return. Last year i received part and this year none?

  323. Cyndi on Sun, 11th Mar 2012 3:56 pm
  324. Hello! I am so relieved to have found this site. Now if only I can ask my question without confusing you because at this point I am utterly confused. My husband and I were married in August of 2011. I filed married joint with the injured spouse form because he owed back child support prior to our getting married. I have the only income for the year and do receive EIC.

    I received a check for the amount of my return minus what was offset for child support. I called the IRS to ask why I wasn’t approved for the injured spouse relief. They told me the injured spouse was still processing and to give it the full 11 weeks. Several days later I received a letter in the mail, dated for the same day I called them, stating my refund had been offset and money was being taken.

    Is this normal for injured spouse? I would think that the IRS would complete the entire return before refunding anything. Is it possible that they refunded the amount that they couldn’t take and the offset amount is handled seperately? I have researched this form since filing and haven’t seen anyone else mention anything about receiving 2 different checks. Have you ever heard of this happening before?

  325. Admin Roberg on Sun, 11th Mar 2012 7:08 pm
  326. Hi Kristy,
    To be honest, I don’t know. For one thing–the IRS doesn’t share their formula for splitting the Injured Spouse allocation–although sometimes I can pretty much gauge it. Other times–I’m totally clueless. I don’t have your tax returns so I can’t just look and go –oh, I bet it’s this…
    You could try calling and see if you get an explanation. You have a right to understand your tax refund and what happens with it. Although I’m guessing it was probably calculated correctly–you never know, if they did make a mistake, you won’t know unless you talk to them. Sorry I couldn’t be more help on this.

  327. Admin Roberg on Sun, 11th Mar 2012 7:23 pm
  328. Hey Cyndi,
    Actually, yes I have heard of that. Here’s what happened–your spouse owes less child support than what your refund amounted to. That’s why you received part of your refund already. You may or may not get the rest, depending about how the IRS determines the injured spouse split–but your injured spouse clearly was not determined as of yet.
    IRS letters are processed through a computer and your phone call had nothing to do with it. The date was just a coincidence. Give it the full 11 weeks. Hopefully it will be settled sooner, but trust me on this one–they have not processed it yet.

  329. megan brown on Mon, 12th Mar 2012 12:51 am
  330. I got married this year and my husband owes backed child support. Of 7000 dollars. The irs offsetted our return of 4765 dollars and i then filed an injured spouse report that i sent after the offset letter was recieved in the mail. I only made short of 2000 dollars and he made 11000 dollars and we claimed MY two kids. We filed married filing JOINTLY. Will i recieve the whole child credit since they are my kids? Plus i Efiled so how do they know that they arent his kids since my return didnt ask?

  331. Alex Drinkwater on Mon, 12th Mar 2012 9:08 pm
  332. Our IRS refund was lowered by over $1300 for some checks my wife wrote in 2002 to AAFES which they claimed bounced. (My wife assures me the claim is spurious.) W were not married then. In any case, if I claim “injured spouse status” and subsequently receive a refund, will the IRS then turn around and get the money back from AAFES and then we will just get charged again next year, or does it come out of the IRS?

  333. Admin Roberg on Tue, 13th Mar 2012 1:40 am
  334. Hi Megan,
    When you file the 8379 form you indicate who gets the kids. You would give your husband 1 exemption and you would have 3 exemptions (1 for your and 2 for the kids.) That’s how the IRS will know. Good luck.

  335. Admin Roberg on Tue, 13th Mar 2012 2:18 am
  336. Hey Alex,
    If you file injured spouse and get part of your refund back, then what you get back is still owed to AAFES.
    If your wife really didn’t bounce those checks, she’ll have to do her research and prove that the checks cleared her bank account. If she did bounce the checks, it may be best to just pay the debt and be rid of it.

  337. Lara on Tue, 13th Mar 2012 4:56 am
  338. Hi,

    I live in Ga. I have a debt for school loan. The loan was taken out by me alone. I e-filed our Federal taxes on January 26th, 2012. A few days later, found out that I did have an offset with irs regarding my student loan. Called the loan company and was advised to file the injured spouse form because the loan was mine, and I do not have any income at this time. Filed the injured spouse form and followed the directions perfectly. Just checked irs where’s my refund site, and it says the following…”Your refund has been applied to a past due obligation such as child support, another federal agency debt, or state income tax. The Financial Management Service, who issues IRS refunds, will send you a notice informing you of the reduction.”

    Does this mean that my husband will still be getting something back, or does it mean that they took all of the refund? I am confused, and haven’t received any letter as of yet.

    Thanks for taking the time to read my post.
    Lara

  339. Lara on Tue, 13th Mar 2012 4:58 am
  340. One more question please, do you know if there is a form that I will have to file similar to the injured spouse form when we file our State taxes? I live in Ga.

    Thanks again,
    Lara

  341. Tiffany on Tue, 13th Mar 2012 4:29 pm
  342. I E-Filed our return (MFJ) on Feb 6, 2012 and was suppose to receive our refund Feb 12,2012. I owed student loans which obviously led to an offset. I personally took the proper paperwork – w2s (any income) and form 8379 filed out to the local IRS in our city. That was Feb 16th which was most likely mailed out the next day.

    My question is, does it REALLY take the full 8 weeks to see a refund or can I possible receive anything earlier? Its been about 4 weeks now and I know IRS is busy but just curious if any one else on here or knows if they received their money sooner than expected??????

  343. Lara on Tue, 13th Mar 2012 4:44 pm
  344. Wanted to update on my situation. After being on hold for 35 minutes, I finally spoke to a very nice irs agent. He stated that the information I found on “where’s my refund” was from the original E-File date of January 26th. He said that my injured spouse form 8379 was assigned to someone on February 2nd. He stated that I should know something BY April 2nd…He also stated that since I live in Ga, that all of my husband’s refund should be returned to him since he had nothing to do with my school loan. I will update here as soon as I know something.

    Thanks again,
    Lara

  345. Admin Roberg on Thu, 15th Mar 2012 1:53 am
  346. Hi Lara,
    you can’t count on what on the “where’s my refund?” site. You’ll have to wait it out (and that could be up to 11 weeks.) But where you were checking is old news and it won’t be updated. You’ll hear in the mail.

  347. Admin Roberg on Thu, 15th Mar 2012 1:55 am
  348. @Lara again,
    I don’t know off the top of my head, but we do have one here in Missouri. (Actually in Missouri you just check a box, there’s no extra form.) I’m guessing Georgia has something, but I’m guessing.

  349. Admin Roberg on Thu, 15th Mar 2012 2:01 am
  350. Hey Tiffany,
    I have read some posts where people go their money faster–but please don’t count on it. Make the assumption that it’s 11 weeks. If you owe somebody money–explain that it will take at least 11 weeks. Even if somebody else got it faster–it doesn’t mean you will. Good luck.

  351. Admin Roberg on Thu, 15th Mar 2012 2:04 am
  352. @Lara,
    Good news. Sorry you were on hold for so long. I was on hold today for about that long and when the person finally answered, they had forwarded the call to the wrong department. But—I was kind of excited because it was a department that a lot of people had been asking me questions about. So I figured since I had the IRS on the line, I may as well ask, right? She didn’t know the answer! Arrrrggggghhhh!
    Anyway, at least I’m getting paid for being on hold. (But ya know, it doesn’t help much.)

  353. alisha on Thu, 15th Mar 2012 1:56 pm
  354. Hello,
    My ex owes a substantial amount in back say child support. He is now married, him and his wife filed jointly and she has already filed the injured spouse form. The filed at the end of Jan, beginning of Feb, will it still take 6months for my daughter to get her child support? Thanks

  355. Be on Thu, 15th Mar 2012 3:52 pm
  356. My husband and I just e-filed our taxes married filing jointly. He owes back child support so last year we filed married filing separately, I didn’t know of the injured spouse till this website! We knew he still owed back child support but i was ok with them taking it out of our money since we are still getting 5k back after child support. My question is by us e-filing we should get the rest of our money in about 2 weeks but I have been reading that they can put a hold on our return and if so about how long? I was reading somewhere that it could take 6 months!! Please tell me that not right! We are in NJ and he’s kids mom is in PA if that matters

  357. Admin Roberg on Fri, 16th Mar 2012 1:26 am
  358. Hi Alisha,
    I hate questions like this. You see, if the ex owes child support–but his wife fled an injured spouse form–the injured spouse will keep you from getting your child support money. Sorry.

  359. Admin Roberg on Fri, 16th Mar 2012 1:31 am
  360. Hey Be,
    So let me understand–you filed married filing jointly but you did not file the injured spouse form because you want to pay of the child support, is that correct? Because even after they take what’s owed, you’ll still get a nice refund. Then you should get your money relatively quickly.
    If you filed injured spouse, then it could take around 11 weeks, but usually it does not take 6 months. That’s long even by IRS standards.

  361. gilly on Mon, 19th Mar 2012 10:04 pm
  362. hi! i efiled my taxes and then realized that my hubby had an offset due to student loans. we mailed in the injured spouse form. my question is this, im a bit afraid i didnt fill the form out correclty. we claim MY grandmother as a dependent , so when filling out the exemptions part on the form i gave myself (1 for my grandma) and my hubby 0. is this correct? or was i supposed to give myself 2(one for me and one for my grandma)? im very confused and scared i really need this money and its already been 5 weeks ..if i indeed made a mistake and need to start process over it will be a real burden. thanks!!

  363. Jenny on Tue, 20th Mar 2012 4:43 pm
  364. Just for time frame informational purposes I thought I would share: I filed taxes in mid January, I mailed my 8379 on Feb 9th and got a letter response on March 12th and it says I should get a refund within 6 weeks. Other than the offset we have very simple taxes.

  365. Admin Roberg on Thu, 22nd Mar 2012 12:47 am
  366. Thanks Jenny. That helps everyone with the whole timeline issue.

  367. Admin Roberg on Thu, 22nd Mar 2012 12:50 am
  368. Hi Gilly,
    I don’t want to stress you out, but you should have claimed 2 exemptions when you filed you 8379. I’m not sure what you should do. I recommend calling the IRS–1 800 829-1040 and ask to speak with someone about your return. Have a copy of your return in your hand. I’m guessing that you’re going to need to resubmit the form–but they may have special instructions for you since you’ve already got the form started.

  369. Becky Rodriguez on Thu, 22nd Mar 2012 7:02 pm
  370. What a great website. I mailed my 8379 after I found out my refund was held due to my husband’s debts. I had so many questions, and I found this website and it answered every single question I had. Thank you!!

  371. Admin Roberg on Fri, 23rd Mar 2012 2:28 am
  372. Thanks for the feedback Becky. It’s nice to know we could help.

  373. Lena on Fri, 23rd Mar 2012 4:58 pm
  374. Filed 8379… Received by irs on Feb 8th, started being processed on Feb 10th. Received a letter in the mail saying i will be getting a refund. Called IRS this morning and was told my refund check will be mailed TODAY (3-23-12). My question is When should i except to receive it? I live in California

    [...] photo was published in a Mar 28, 2011 blog titled "Injured Spouse Relief." It was also published in a May 5, 2011 blog [...]

  375. Admin Roberg on Mon, 26th Mar 2012 1:53 am
  376. Hey Lena,
    If they mailed it already, I would expect you to receive it within a week.

  377. Penny on Mon, 26th Mar 2012 7:06 am
  378. My husband and I got married in April of last year. He owes back child support so we filed injured spouse form. The irs site said that I should receive the tax check two weeks ago. Then it changed to one week ago and now it just says processing. What is the deal with this. We seperated so I checked the box to get the check in my name only. When i call the number on the web site i get automated information and only that it is processing.

  379. Admin Roberg on Tue, 27th Mar 2012 12:06 am
  380. Hi Penny,
    The “Where’s My Refund?” site has lots of problems this year. And it’s really not reliable for injured spouse forms. The automated phone number has the same information as the web site–you’ll only get an answer from a real person. But the bottom line is you’ll be waiting for a few more weeks for sure.

  381. Rebeca on Tue, 27th Mar 2012 3:06 am
  382. UPDATE: today My husband called IRS to check the status of our tax return since it was all taken from us. We filed form 8379 and it was received Feb. 29th. The person we spoke to said that they had received our form, and our full return will be returned to us, and it will take 3-4 weeks to get it. Let’s see what happens!! Will keep you updated!!! Thanks alot for all the info, it has helped us out greatly!!

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  385. gilly on Tue, 27th Mar 2012 12:41 pm
  386. UPDATE: i called the irs to tell them about my error i got an enough nice guy that assigned the form to himself and completed it while we were on the phone. he told me refund amount and said i should receive in 2-3 weeks. he then instructed me to send in a new injured form with the correct exemptions claimed and a letter saying why im sending a new form, he said they will then process that new form and and send me a new check with the diff. so in short i should be recieving 2 checks, one in 2-3 weeks…and the other one who knows basically when they process the new form they guy said it should not take another 8 weeks since they already processed that one form..but who knows its the irs. i do have a question though…will it actually take the whole 3 weeks for me to recieve the 1st check? he gave me refund amount and said case closed now check just need to be proccessed. im just wondering how much longer will i need to wait..thakss

  387. gilly on Wed, 28th Mar 2012 6:06 pm
  388. hi guys me again..sorry i sound like a broken record…i just called irs after being on hold for 55 minutes someone finally answer and really was not much help first she says the first amount was pulled back , i ask her why and she says becuase i sent in new form so they have to recalculate, so give it another 8 weeks…i tell her no the guy who did my form over the phone told me i will get the first check in 2 weeks and then a 2nd check with amount diff later on..then she says oh ok well then it shoudl go out next week …huh? i tell her which one is it..she said well if i was told if would get one first then she “sees” it should go out next week..i jsut hung up sooo frustrated is like is it going to go out or not?!!! maybe i’l get the strengh to call back later and see if i get someone that actually knows whats going on…

  389. Admin Roberg on Thu, 29th Mar 2012 12:45 am
  390. Hey Rebecca,
    Thanks for the update–so it should be about 6 – 8 weeks after the IRS receives your 8379 that you get your check. So that’s pretty much within their guidelines. Great!

  391. Admin Roberg on Thu, 29th Mar 2012 1:58 am
  392. Hey Gilly,
    I’m glad you had a good experience with the IRS. I find that when they say the check is mailed it’s usually faster than the three weeks they tell you, but I think they have to tell you three weeks because sometimes it really does take that long.
    I’ve had really good luck with the IRS people in the injured spouse department being friendly and helpful. It’s nice to know other people have had good experiences too.
    (And I’m glad you’re getting your refund!)

  393. Admin Roberg on Thu, 29th Mar 2012 2:11 am
  394. Oh Gilly,
    I just saw the second post. I’m so sorry. My tip for calling the IRS is to have a speaker phone–so I can go do something else while I wait on hold–and some dark chocolate M&Ms. (Dark chocolate is supposed to help with the whole stress thing.) My friends and co-workers know that it the M&M’s are gone–I’ve had “one of those days” with the IRS.
    I’m voting for the first guy you talked to. Oh–and here’s a little trick to learn–when you call the IRS and they rattle off their name and ID number, make sure you write it down and say, “Okay your Mr. Jones and your ID number is 10001234567, right? I want to make sure I know who I’m talking to.” I think it makes them a little more careful if you know who you’re talking to. (I once got put through immediately to a supervisor, but usually, if they know what they’re doing they don’t mind you asking their name.)

  395. Brenda on Thu, 29th Mar 2012 6:57 pm
  396. I stumbled across this website and it has calmed my nerves a little but I still have some concern. My situation goes like this my husband and I was suppose to receive about $7000 from our Federal Income tax but to my suprise he owes student loans who took the entire refund. I filed form 8379 and they received on March 1st. We qualified for the child tax credit (2 children together) and he made more money then me this year but not by much a couple thousands . They didn’t take much out of check for federal because he didn’t make much. Most of our income tax came of the child credit. When I filled out Form 8379 I claimed 3 exemptions and gave him 1. Based on your experience how likely will we get a chunk of that money back.

  397. lue taylor on Fri, 30th Mar 2012 11:25 pm
  398. i filed injured spouse cause my husband owes back taxes ….they took my state tax can they do that ? and im still waiting on my fed taxes its been since 2-1-12 when will i get that?

  399. Cindy on Sat, 31st Mar 2012 8:16 am
  400. I love this website. But I w as wondering, I’ve read on different websites where people files their taxes along with the injured spouse form and still didn’t get anything back because they lived in a community property state. Is this what usually happens? I filed my husband and I’s taxes and it got offset because of his student loans and they took everything! I wouldn’t have minded so much if I had money to blow but I am the one working and supporting my family while my husband was unemployed all last yr,Now I’ve already sent the injured spouse form in after we found out that it was offset, but will they give me everything I was supposed to get In the first place or will they take it all because I live in a community property state? I tried asking them this but I could not get a straight answer.

  401. Admin Roberg on Sat, 31st Mar 2012 10:53 pm
  402. Hi Brenda,
    I would say that you should at least get the child tax credit for your two kids out of this. Without seeing your other numbers, I can’t tell. Now since you had about $7000 coming back, I’m thinking you might have had some EIC in there too, so you’d get a good portion of that.
    You say they didn’t take much out of his check for Federal income taxes–so that tells me EIC (Earned income credit) because otherwise you’d be owing. If you did your own taxes–hit the “married filing separate” key and that will give you a good clue of your share without the EIC part.

  403. Admin Roberg on Sun, 1st Apr 2012 12:32 am
  404. Hi Lue,
    Yes, they can take your state taxes too. Plus, if your husband owed back federal taxes, he may also owe back state taxes as well. So you’ll want to know who took the money–the feds or the state.
    Most states also have injured spouse forms that you can file, so you might want to check your state rules on that
    You filed injured spouse about 8 weeks ago and still haven’t gotten your money–I suspect you should hear something by the end of April. If you don’t hear anything by then, you should call the IRS to follow up. (To be honest, you may want to call anyway just to make sure that they have received your injured spouse claim and are processing it.) 1 (800) 829-1040 You’ll be on hold a lot.

  405. Admin Roberg on Sun, 1st Apr 2012 12:49 am
  406. Hey Cindy–
    The whole community property state issue is confusing. Because you are the bread winner–it will hurt you more than if you were in a non-community property state. If the shoe was on the other foot–and your husband was the breadwinner–being in a community property state would actually be more to your advantage.
    That said, you still may have money coming back to you. Don’t let the community property issue stop you from filing for injured spouse–but what you get will be lower because of the community property issue.

  407. Elisha Barrows on Tue, 3rd Apr 2012 6:33 am
  408. Hi, I just wants to say thank you for all your help and want to thank the sweetest, nicest, most helpful guy at the IRS today :) ) He helped me and took the time to answer all my questions!! And I found out I am getting ALL our income tax back yay :) ) So thank God for the Injured Spouse Form!! Thanks again!!

  409. gilly on Tue, 3rd Apr 2012 2:00 pm
  410. hi so i called the IRS again today …and they are now telling me i will not recieve 2 checks i will recieve 1 check with the full amount..once the second IS form has processed so that i should not expect a refund until late may! this is ridiculous…when i was first transfered to IS dept 2 weeks ago and the guy transfed formed to himself and completed it over the phone wiht and i informed him of my error on form he told me i could just sent in the second form and that i will not delay tha first refund..i asked him him about 3 times to make sure an dhe kept saying yes send in correct form right away…this is crazy..i have decided to go ahaed and contact a tax advocate as i cant afford to wait another 8 weeks for all my money..i really was expecting to get my first check and that would hold me over until i recive second one…..im desperate and sad and frustrated..does anyone have any advice for me???

  411. Brenda on Tue, 3rd Apr 2012 2:16 pm
  412. Hi again thanks for the response we are receiving the majority from the child tax credit do you know if they will split the two kids or will they give him both of the kids because he made more money. I’m praying they look into our situation, combined income of about $14,000, and just release our whole check. Also we do not live in a community property state.

  413. Admin Roberg on Thu, 5th Apr 2012 2:29 am
  414. Hi Brenda,
    The trick is to make sure the you put the kids on the injured spouse’s side of the form. If you did that, then you’re good. (The IRS doesn’t make the determination for you, you do.)

  415. Admin Roberg on Thu, 5th Apr 2012 2:31 am
  416. Hey Gilly,
    Sorry about your troubles. I think you’ve got a good case for the taxpayer advocate. Their job is to help people when the paperwork system is messed up–and I think your forms qualify. Good luck.

  417. Admin Roberg on Thu, 5th Apr 2012 2:32 am
  418. Hi Elisha,
    I wish I could send your comment to the IRS. The good ones need to know they are appreciated. Thanks.

  419. Lara on Thu, 5th Apr 2012 10:30 pm
  420. Hi,

    Timeline for us…
    E-filed Federal on Jan 26th
    Injured Spouse form received by IRS on Feb 2nd

    Update…I called the IRS on 04/04/2012, and was told that we will be getting the full refund amount and it will be mailed out on 04/06/2012. Then, I received a letter in the mail on 04/05/2012, stating we will be given the full refund amount, and it will be mailed within 2 – 3 week. Different than what the person actually told me on the phone, but I will update here once I receive the check.

  421. gilly on Fri, 6th Apr 2012 7:49 pm
  422. hi! me again! the advocate contacted me on wednesday, i have a $1000 medical bill that needs to be paid asap or i will go into collections..she had me fax her the bill and thas pretty much it..i havent heard from her..not sure if i’m supposed to contact her..i must say she was not very nice…just said its nto a guarantee and even if they can do anything it will take about 2 weeks…not sure if im supposed to call her and ask if she recieved my fax…i think im just going to wait and see if she contacts me….ughhh im soo over this whole sitation

  423. Admin Roberg on Sun, 8th Apr 2012 12:09 am
  424. Hey Lara,
    So that sounds about like 8 weeks. Thanks for the update. (And congrats on the full refund!)

  425. Admin Roberg on Sun, 8th Apr 2012 12:12 am
  426. Hey Gilly,
    You’ve really had a rough experience. I don’t know if this will help, but in the past, I’ve called some of my client’s creditors for them and explained they had a tax refund that was being held up, etc. and it did stop some of them from going over the edge. It’s worth a try. Good luck.

  427. shondra on Mon, 9th Apr 2012 5:37 pm
  428. i filed an injured spouse form this year. I called 2 weeksw ago and was told they received it on the 10th of february and i should check back in a few weeks. and that it showed i was getting a refund but not how much. So today I call and I am told that they did not recieve it until March the 29th. I really dont understand what was going on. The man said that if I did not like his answer to call back in and to get a new one. Has this happened to anyone and just how much longer will I have to wait

  429. Tom on Mon, 9th Apr 2012 10:37 pm
  430. Hi, I’ve searched the web and every post here but I’m stuck on finding a number to call to find the status of my 8379.

    More concerned that it was received and in process (sent 9 weeks ago).

    Your help is greatly appreciated.

    thanks

  431. Admin Roberg on Tue, 10th Apr 2012 2:55 am
  432. Hey Shondra,
    Sounds like you got a cranky IRS agent. I’m guessing that you called them on the 29th and they have a record of your call from that day. They’re not all like that, most of them are decent. Sorry you got the sour dude.

  433. Admin Roberg on Tue, 10th Apr 2012 3:03 am
  434. Hi Tom,
    You’re going to be stuck with the standard 1 800 829-1040 number. When you get the operator, say you want to talk to someone about your 8379. Prepare to be on hold for awhile. (Okay, a long while.)

  435. csdwestbrook on Tue, 10th Apr 2012 11:21 am
  436. I have a quick question we have filed injured spouse forms since 06 and this year will be the first year that the one that might owe the IRS money had no income. Do we still file the Injured spouse and also the child belongs to the one that might owe money?? Just wondering and you are awesome for answering these many many questions. thank you so much

  437. amber on Tue, 10th Apr 2012 1:55 pm
  438. I filed my refund on January 20th on Turbotax. I also submitted an injured spouse form along with my tax return electronically.
    They were accepted the nect day and I received a letter in the mail from the IRS dated March 7th stating the amuont I should be receiving and that I should expect my return in the next couple of weeks.
    It has now been a month and I havnt received anything nor has the IRS told me anything helpful when i call. They just tell me “no funds are ready to be released yet?”
    Any ideas on why this is taking so long and why they would tell me to expect my refund in a couple of weekd if they were going to take longer then a month?

  439. Lara on Tue, 10th Apr 2012 3:23 pm
  440. Hi :)

    Just wanted to let you all know, I received our check yesterday, 04/09/2012. So it took 9 weeks and 5 days to get it from the date IRS says they received the injured spouse form. Good luck to everyone else waiting, and so thanks so much to the administrator of this site for all of her hard work!

    Lara

  441. amber on Tue, 10th Apr 2012 5:10 pm
  442. Hello,
    I filed my taxes jan. 20th on turbo tax and filed the injured spouse form electronically along with my taxes. I got a letter dated march 7th from the IRS stating my refund amount after money is taking for owed debt and that I should expect my refund in a couple of weeks. It has now been a month, the IRS won’t give me any further information on whats taking so long and now the “wheres my refund” website is telling me they cant provide me with ant information on my refund…it did say my refund had been received and is being processed.
    Any ideas in why this is taking so long and why they would send that letter if it was going to take more then a couple of weeks? UUgghh..its so frustrating.
    Thanks

  443. Tom on Tue, 10th Apr 2012 6:54 pm
  444. Thanks much for the info!.

    Tom

  445. Miriam on Wed, 11th Apr 2012 4:09 am
  446. My husband called the IRS today and was told it was finished processing today but, they wouldn’t tell him when it would be direct deposited into our account. All they said was call back in 2 weeks to find out when it would be direct deposited. How long do they take to direct deposit refunds processed like this?

  447. Elisha Barrows on Wed, 11th Apr 2012 9:53 pm
  448. I called the IRS today they said they will send out my money on 4/13 so hopefully I gt my check in a hurry!! And like Lara I’m getting all the money back as well :) ) This girl is like a kid on Christmas hehe :) ) Thanks for all the help!! I would give this site a 10/10 :) )

  449. Amy on Thu, 12th Apr 2012 1:07 am
  450. Hi,

    I filed my taxes jointly with my husband because I don’t work. I filed the injured spouse form last year and did the same this 2011 taxes. Today, I recieved a letter from state saying child support took the whole amount. This this correct? I don’t know about my federal yet but I thought they can only take half of it since I filed that form along with our taxes. I did it last year and it was fine?? Please help. Any information would be great!

    -Amy

  451. Admin Roberg on Thu, 12th Apr 2012 1:08 am
  452. @cdswestbrook,
    I’m not sure here. If you have an overall balance due–then you don’t need to file injured spouse because you’ll get nothing back. If you have a refund–but when you do the injured spouse form the one who is the injured spouse has a balance due–well then you wouldn’t get any money either. Does that answer your question?

  453. Admin Roberg on Thu, 12th Apr 2012 1:16 am
  454. Hey Amber,
    Given what other people are saying about how long their refunds are taking, I’d assume 8 weeks at least. It is pretty slow.

  455. Admin Roberg on Thu, 12th Apr 2012 1:18 am
  456. Hey Elisha,
    Thanks for the positive feedback. I”ve had one of those days, you make me feel better. Thanks.

  457. Admin Roberg on Thu, 12th Apr 2012 1:34 am
  458. Hey Miriam,
    I think the IRS honestly doesn’t know how long it’s going to take right now. Even when I call these days on my “bat phone” I’m getting the same type of response. I think things are just crazy this time of year. I would assume 8 to 12 weeks and if you get your money any sooner be really happy and excited.

  459. Admin Roberg on Thu, 12th Apr 2012 1:41 am
  460. Hi Amy,
    Two possibilities–the first being that the injured spouse form hadn’t registered yet. The second being that you put the children down as being for your husband instead of you. I would wait until next Wednesday and call the IRS to follow up. (Do not call before next Wednesday–trust me you don’t want to be calling the IRS this week.)

  461. amber on Thu, 12th Apr 2012 8:00 pm
  462. Thanks. I dont like the sounds of that though :( …Its already been 12 weeks since they have accepted and have been processing my taxes and they told me yesterday that they have been processed just waiting on funds to be released now..i wish they could just get it over with and do the deposit.. :)

  463. Miriam on Fri, 13th Apr 2012 10:05 pm
  464. What I meant to say was we filed our return on feb 7th, mailed the 8379 form in on feb 10th, and on the 11th they told him to call back in 2 weeks because they had already processed the form, and then they would tell us when we called back, when it would be direct deposited. we were originally supposed to get 4017 but, they told my husband we were getting 3555.50 back but, to for us to call back in 2 weeks to see when it would be direct deposited into our account because the person he spoke with couldn’t give us an exact date of the direct deposit.

  465. Miriam on Fri, 13th Apr 2012 10:06 pm
  466. We called them on the 11th of this month i mean.

  467. Admin Roberg on Sat, 14th Apr 2012 1:54 am
  468. @Miriam,
    I think that since your refund has been processed and they knew the amount you’re clearly on your way. So it’s probably another 3 weeks until the deposit and they won’t be able to give you a date for 2 weeks so that makes sense.

  469. JenN on Tue, 17th Apr 2012 6:03 pm
  470. I got married last year and this year is the first year I filed an injured spouse form due to my husbands back child support. I live in Arizona. We would have gotten back over $9000 but of course my husband owes. I filed married filing separate and got a little over $2000 back in like a week because I didn’t qualify for some credits. Then my husband and I filed an amended return along with an injured spouse form. And of course we are supposed to get over $6000 back because they already gave me over $2000 from filing separately. My first question would be when do you think I will get my part of the refund back, we filed the amended return in the beginning of March. And how much to you think I will get back, if any? Oh and we have Five kids with the both of us together. One child is not my biological child. 3 of the children are mine from my previous marriage, and we have on child in common. Kind of complicating, but can you help me out?

  471. Admin Roberg on Wed, 18th Apr 2012 4:03 pm
  472. Hey JenN,
    It can take from 8 to 12 weeks for the IRS to process your paperwork. Some folks have been commenting on how long their refunds have taken–folks who’ve done this before or filed the Injured spouse form with their original return seem to be getting refunds faster, but for the rest, I’m thinking 8 to 10 weeks.

    Although I’m too late telling you this–I’d file the injured spouse with you claiming at least 4 children. If your husband’s ex doesn’t claim his child, I’m claim that one for you as well (step children are your children for tax purposes.) It’s useful to know that in an injured spouse situation. Good luck.

  473. Dani on Thu, 19th Apr 2012 5:00 am
  474. Hi,

    My husband an I filed a joint return this year and then had our taxes offset due to his delinquent student loans..long story short last week I sent in my injured spouse form..now reading some of the post here I think I might have filed it incorrectly!
    I did not work at all last year however I did go to college we claimed my son and our daughter on the tax return….
    Since my husband was the only one that worked I gave him all the dependents and myself 0 on the injured spouse form…
    Was I incorrect in filing it this way and what should I do to remedy the errors if so?

  475. Rebeca on Thu, 19th Apr 2012 11:14 am
  476. Update: on the 12 of April we both received a letter from the IRS stating we would get our full amount back. On the 17 of April we received our check!!!!! Thank God!!! Very happy God knows we needed it!! It took time but thank God we got all of it back!!!

  477. Sue Sands on Thu, 19th Apr 2012 11:47 pm
  478. I filed for injuried spouse. I have question my husband and I have two kids at home. He has two more besides ours. He owes child support. Can they take the credit we get back for Our kids? I live in Indiana and im not sure what my rights are. I understand my husband owes debt that needs to be paid, but i have kids at home that I am responsible for. So if they take it away what can I do if anything? Thanks.

    [...] as indicated in the comment below, the photo was published in a Mar 28, 2011 blog titled "Injured Spouse Relief." It was also published in a May 5, 2011 blog titled "Online dating service options for [...]

  479. amber on Fri, 20th Apr 2012 6:29 pm
  480. Update: Just wanted to let ya know. I called the IRS today and was on the phone for an hour in a half, was transfered to 3 different people to find out that they had processed my injured spouse form the end of March and when that was all done, my refund should have been released for deposit to my account but apparently nobody did that so now we are at the end of April and I finally got the IRS to apoligize and release funds today…now they tell me anywhere from 10-14 days before the money will hit my account finally…=exhausting :) Glad I called though and was able to get them to look further into this..otherwise who knows how much longer their mistake would have just sat there :(

  481. Admin Roberg on Sat, 21st Apr 2012 3:07 pm
  482. Hey Dani,
    Basically, YOU (Dani) should have claimed both of the children on your injured spouse form instead of attributing them to your husband. By putting the children with your husband–and you not working, you will receive nothing.
    So–what to do next. I would call the IRS directly, explain that you filed incorrectly and get instructions from there. I’m guessing that you will be able to refile–but I’m not sure what’s the best way to go about it at this stage. (Hopefully, you’ll be able to get the agent to make the changes over the phone–but more likely you’ll have to resubmit the paperwork.)
    Note–if you read Amber’s post right above yours. She was on the phone for an hour and a half. Don’t be surprised–that’s what you can expect. But if you don’t ask–you won’t get, so make the call. 1 800 829-1040. You’ll get transferred around, you’ll be on hold, but do it.

  483. Admin Roberg on Sat, 21st Apr 2012 3:07 pm
  484. Yay Rebecca!

  485. Admin Roberg on Sat, 21st Apr 2012 3:13 pm
  486. @Amber-
    Good girl! You thought something was wrong and you were right! You trusted your gut and you followed through on it and made it happen. And it was a pain in the behind but you didn’t let the inconvenience get in your way. Thanks for sharing your experience. As my Dad used to say, “Ya done did good!”

  487. Admin Roberg on Sat, 21st Apr 2012 3:31 pm
  488. Hi Sue,
    Yes, the IRS can basically take your tax refund that you would receive the the children in your home and use it to pay the back child support that your husband owes for the kids from his previous relationship.
    You did the right thing by filing the injured spouse form–that will help keep at least some of the money in your household to help you raise your children. It might not give you all of your money, but if you don’t file the injured spouse you won’t get anything so it’s always a good idea to file.

  489. Ahna on Sun, 22nd Apr 2012 3:40 pm
  490. I was recently informed on 2 seperate occasions by IRS(on long phone waits..) that I should file the injured spouse form for this year and the previous. Both yrs, only my husband worked, but we had returns in access of 8k due to refundable tax credits on our 5 children(3 are MINE, 2 are ours) He owes back child support of one child, our full return was taken last year, and is expected this year also. I was told to file the form and did for both yrs. I claimed all 5 of my children, and my educations credits to myself) I was told to expect a return, still waiting.. Everyone says if you earned no income dont expect a refund, but IRS says differently.. I understand they say its cacualted on how it would be if you filed seperalty, well if we filed seperatly he would OWE money because he cant claim MY children(his step) So any ideas?

  491. Miriam on Mon, 23rd Apr 2012 10:42 pm
  492. My husband called today and they said since we filed an injured spouse form that they can’t dd our money. So, they’re gonna mail it out on the 27th and we should get it by the 11 of May. What I don’t get is why their website says it can’t be dd into more than 1 account.

  493. Christine on Tue, 24th Apr 2012 12:39 am
  494. We filed injured spouse form with our taxes this year and they were received on Feb 23rd. Called April 18, 2012 to check on status and they said that they misplace our injured spouse form. Sent new one. Called today to check status again and they said that they received our new form. Do you think it will still take 8 weeks or less since it is their mistake?

  495. Jamie on Tue, 24th Apr 2012 5:53 am
  496. Hi I just got the letter stating that they took all of our refund because of me husbands student loans. What I’m wondering is when I mail in the 8379 form do I need to include anything with it (W-2s or 1040 form). My taxes where filed electronically from my tax guy who lives in Maryland. I live in Nevada so where should I send the form too?

  497. Admin Roberg on Wed, 25th Apr 2012 2:28 am
  498. Hi Ahna,
    You did the right thing claiming all 5 children on your injured spouse claim. And yes, it’s confusing because you earned no income. But because you have tax credits for your children, it is still possible for you to obtain a portion of your tax refund back so it was smart of you to file the injured spouse form. The IRS won’t tell me how they compute what you get–(the married filing separate is a guide–but then the tax credits throw it out the window) but I expect you should see something.

    One other thing–if the roles were reversed and your husband was the injured spouse instead of you, I would still have your husband claim your children. Because you are married–he is the step father–that is a legal right to claim children on a tax return. This is important for anyone with step children living with them to know when filing for injured spouse.

    But the bottom line is–you did everything right. Good luck.

  499. Admin Roberg on Wed, 25th Apr 2012 2:48 am
  500. Hey Miriam,
    You asked a good question–why does the IRS have to mail you a check instead of direct depositing your money into your bank account? It’s a funky answer. When you do the direct deposit form–it gives the IRS permission to direct deposit $XXX into your bank account. If the refund doesn’t exactly match that paperwork, it’s illegal to make the deposit.
    With injured spouse claims, the refund often doesn’t match the tax return. That’s why they can’t direct deposit it.

  501. Admin Roberg on Wed, 25th Apr 2012 3:01 am
  502. Hi Christine,
    Just because the IRS messed up doesn’t mean they’ll move any faster to remedy the situation. Sorry.

  503. Admin Roberg on Thu, 26th Apr 2012 2:04 am
  504. Hi Jamie,
    Good question. You mail your injured spouse form to the IRS mailing address that you would have mailed your return too. (My tax software always prints that page out and I hate to give it to people because I don’t want to confuse them–but that’s why it prints is so that you get that information in case you need it.)
    Anyway, for you-because you live in Nevada, your tax return would go to Fresno, California.
    Department of the Treasury
    Internal Revenue Service
    Fresno, California 93888-0002

    The important thing here is that your tax return gets filed by where you live, not where your tax preparer lives.

  505. Ahna on Thu, 26th Apr 2012 12:58 pm
  506. I called today and my prior yrs injured spouse form(the money was already taken last yr) was still being processed. I was told she couldn’t release the amount because it wasn’t firm untill posted then she finally told me an amount it was almost half of the prior yrs return. Since this money was already taken from us last ur is the hold possibly my share?? What does the hold mean? I was only told it was being held waiting approval. Remember I have no income only additional child tax credits hubby has offsets.. Non community property state..

  507. Brenda on Thu, 26th Apr 2012 7:51 pm
  508. I called today Week 8 and the lady I spoke with told me the form was still processing and she could not tell me why. She took my number down and said she would put a note for injured spouse dept. to contact me. I asked her could I speak to the injured spouse dept she quickly answered we don’t have one. She then told me that it would take them up to 30 days to contact me. What should I do? I called taxpayer advocate and was told if I do not have a hardship, eviction letter, etc. I have to just wait. I want my money like the irs would want there money. Any advice?

  509. Admin Roberg on Sat, 28th Apr 2012 8:34 pm
  510. Ahnakay,
    I think the hold is your share. At least that’s how I’m understanding it.

  511. Admin Roberg on Sat, 28th Apr 2012 8:47 pm
  512. Hi Brenda,
    For what it’s worth, the IRS never calls back. At least, that’s been my experience. Oh sure–if my client is being audited and I’m working with someone like that–they call. But I’ve never gotten a return call from anyone at one of the 1 800 numbers. So don’t hold your breath for that.
    Now–about there not being an injured spouse division–well yes, there is, but they are for answering general questions about injured spouse relief–I don’t think the person you were speaking to was lying. Your return doesn’t go to a special “injured spouse department” where there’s someone who can go–”Oh, yeah, Brenda’s case, I’ve got it!” (Which actually that’s too bad because I bet things would work better that way.)
    I wish I had a magic answer for you but I don’t. You’re just going to have to wait your turn like everybody else. And from the comments this week, it looks like there’s a log jam and lots of people are waiting. Don’t be surprised if you have to wait another 8 weeks. Hopefully you won’t–but just don’t be surprised if you do.

  513. Admin Roberg on Sat, 28th Apr 2012 9:40 pm
  514. @ Anyone who’s trying to call the IRS to follow up on their Injured Spouse form:

    Calling the IRS can be a hassle, here’s my tips for calling them: http://robergtaxsolutions.com/2011/09/how-to-call-the-irs/

    The main phone number is (800) 829-1040.

    Try to call on a Wednesday or Thursday if possible, the phone lines tend to not be so jammed. Avoid calling on Mondays–always the worst day to call the IRS. Good luck.

  515. Amy on Mon, 30th Apr 2012 8:14 pm
  516. This year they took my husband’s income tax, due to unpaid child support. He has always paid his support and has the receipts to prove it. However, she went to DHR and filed that he didn’t. Well the IRS took his taxes, before he could go to court and prove that he was innocent. Well in April he finally got to go to court, but due to the fact we had filed for court and she brought the child support into a different venue, it could not be taken care of at that level. In the meantime they have also filed on his credit report unpaid taxes. We do not go back to court until July, her lawyer needed more time for discovery. How can they do this legally? I thought in this country you were innocent until proven guilty. We even offered to give the worker copies of his receipts, she stated not until court. I don’t understand this, she has lied, and the system is helping her do it, and punishing him in the meantime.

  517. Renee on Tue, 1st May 2012 4:13 pm
  518. My husband and I got married in October of 2011. We filed taxes as married jointly. I am the one who works and he is receiving disability for a back injury. We knew he had some debt to the county and thought we were fine because he had been set up on a payment plan but the Feds still took part of our fed return to pay that debt. We did get the untouched part back.
    The problem is we live in California and they have no statue of limitations on tax debt. To our suprise my husband has a huge (almost 6 figure) tax debt from not filing a return in 1990. 21 years ago! We were shocked. He was living with his childrens mother back then and she took care of all their finances. He says she had told him once there was a problem with their taxes but she took care of it. Well apparently she took care of it by ignoring it. She passed away 8 years ago and her daughter (who was her executor) destroyed all her records she had been keeping.
    So now we are faced with trying to recreate a tax return from 21 years ago for their old business. The state took his total earnings from the Federal return that year to calculate what they think he owes. We have to figure our the business expenses though to try to offset the debt,
    So our entire state refund was seized. Can I file injured spouse and get some of that back? The federal refund was only applied to the county debt he had.
    My next question is what does this mean for our future? They are giving us 2 months to work with a CPA to try to resolve but then if he still has this debt they said they will garnish his wages. Can they garnish mine? Can they seize money in my bank accounts? We have maintained separete accounts for everything from banking, credit cards etc. The only thing we did together was our taxes because silly me, I figured it would be smart with me having a large income and him having next to nothing.
    Thanks for you time.
    Renee

  519. frank on Thu, 3rd May 2012 1:08 am
  520. Me and my wife file mfj come to find out are refund was off set for student loans she has i worked all 12 months she dont work and hasnt for yrs we have 2 kids my question is since i paid all the taxes and made all the income if i file the injurered spouse would i get the whole refund since she didnt work or pay any taxes thx for you help

  521. Admin Roberg on Thu, 3rd May 2012 2:25 am
  522. Hi Amy,
    That sounds totally unfair. I realize that doesn’t help you at all, but I just wanted to share your outrage a little bit. (Every time I think I’ve heard everything, something else comes along.)
    Anyway, you probably know to file an injured spouse form now. If you haven’t done it already, go ahead and do it now–it looks like you’re going to get jerked around a bit so you may as well defend yourself.
    I wish I had something more for you, but that’s as good as I’ve got. Sorry.

  523. Admin Roberg on Thu, 3rd May 2012 3:01 am
  524. @Renee,
    Wow!
    Wow again. First–for what it’s worth–the IRS also has no statute of limitations on unfiled tax returns.. If you filed it wrong–and they don’t audit you–then you’re good, but if you don’t file at all–wow. 1990?

    You’ve got so many issues here–at least you hired a CPA, hopefully one who is certified in California and not some 1-800 phone number guy. I cannot stress enough that when dealing with California issues you want a California trained preparer.

    Second–you’re the wife so your husband’s debt is your debt. You’re also in California, a community property state, so you’ve got even more issues there. So you will want to take steps to protect yourself (which brings me back to you getting yourself a good local tax person with debt experience.)

    Now here’s something that gives me a little “aha” moment. California says that you owe money for the 1990 tax return that was never filed. If you never filed it, how do they know you owe? I’m not trying to be petty, just hear me out.

    A dollar amount for taxes cannot be assessed if no return is filed. With the IRS, they just file a return for you. For California to assess you a tax amount–they would have had to file a return for you. (The IRS does this all the time using your W2 and 1099 information.) Here in Missouri, they do it with your federal filed tax return (even if the IRS did it.) I would guess that’s what California did too (something along that line anyway.)

    So–you CPA needs to have your husband sign a power of attorney and get his hands on the California income tax transcript. Which, I’m guessing they have no record of 1990–but they’ve got to have the tax account transcript. Somewhere in the state of California is a document showing how much tax is owed. That’s where you’re going to start rebuilding your return.

    It’s going to be a pain in the behind. But–at least now you’ve got a starting point. Good luck. You’re going to need it, but you can do it.

    I would expect to be filing separate returns until this issue is resolved.

  525. Sarah on Thu, 3rd May 2012 12:33 pm
  526. We live in WI and have been filing the injured spouse with our tax refund for the last 5 years. THis year our whole state tax refund was taken for the student loan debt. We have always gotten the whole state return in the past. In your experense does the injured spouse form stop them from taking the whole state refund. We e filed with turbo tax and am wondering if everything was “sent” over.

  527. Lara on Thu, 3rd May 2012 1:30 pm
  528. Trying to find a mailing address for 2011 form 8379 indiana.

  529. Admin Roberg on Fri, 4th May 2012 2:43 am
  530. Hi Frank,
    My best guess is that if you file injured spouse and claim the kids, and you don’t live in a community property state, then I would expect you to get the whole refund.

  531. Admin Roberg on Fri, 4th May 2012 2:55 am
  532. Hi Sarah,
    I’ve never filed an injured spouse return for Wisconsin but I think I know the problem. To file injured spouse in Wisconsin, you need to mail the form to Wisconsin separately from your efiled return. I’m attaching a link to the Wisconsin web site: http://www.revenue.wi.gov/faqs/ise/refintcp.html

    The address is:
    WISCONSIN DEPARTMENT OF REVENUE
    Refund Interception Assistance
    PO Box 8901
    Madison, Wisconsin 53708-8901

  533. Admin Roberg on Fri, 4th May 2012 3:16 am
  534. Hi Lara,
    I feel your pain. I’m not in the office–I tried just going to the Indiana website. I couldn’t figure it out. I’ve got jury duty this week and won’t be back in the office until next week–I’m pretty sure I’ve got the address there. But you’d think there’d be easily accessible information. If you try the search engine for injured spouse, well it takes you to social services. Soooo–anyway, I’ll take a look when I get back.
    I wasn’t going to post your letter until I had an answer for you, but I thought it was interesting that I couldn’t find an answer for you. Sorry. I will get back to you.

  535. Ahna on Fri, 4th May 2012 7:52 pm
  536. thank you so much for being the only person I have found with a positive attitude on my situation. I just wanted to update that I finally received a letter and I am getting more than half of the refund which is all the additional child tax credits and then some.. So for future reference a stay at home mom with no income is entitled to part of the refund when additional child tax credits are involved. Injured spouse does work! Again I am NOT in a community property state.

  537. tammy on Sat, 5th May 2012 12:25 am
  538. I have filed the 8379 form but have not heard anything back. My husband has checked the account for the child support and it shows that all our money went to that we live in iowa

  539. green on Sat, 5th May 2012 4:34 am
  540. My wife filed this year and mailed in an 8379 injured spouse. I owe back child support,what is the chances of her receiving her portion of the refund. Also they did take the refund,and when will she know if she’s eligible for the refund. We live in texas does that make difference .

  541. Admin Roberg on Sat, 5th May 2012 4:13 pm
  542. Thanks Ahna,
    I appreciate the feedback. I learn more from you folks who post and follow up than I do from the IRS. Peoples’ actual experience is so much more valuable.
    Okay folks so we have proof. If you’re a stay at home mom and you qualify for what’s called “refundable credits” that’s the additional child tax credit and the Earned Income credit–you can still get that back filing for injured spouse relief. Now Ahna was not in a community property state–but I’d still recommend filing even if you are in a community property state–something is always better than nothing. Thanks again Ahna.

  543. Admin Roberg on Sat, 5th May 2012 4:28 pm
  544. Hi Tammy,
    How long ago did you file? I’m seeing a lot of posts from people who say it’s taking longer than expected. It’s okay to call the IRS to follow up. The number is 1 800 829-1040. Expect to be on hold for a long time. Be prepared to give you social security number and answer some questions about your tax return. (Most people put the husband’s name on top so make sure you know his number–they usually ask for the “primary” social, that’s whoever’s name is listed first. The injured spouse is always the one who doesn’t owe child support or college loans. (Just making the distinction so you’re ready for the call.)
    You’ll be on hold for a long time. Knowing that helps–often I’m on hold for 45 minutes or more. I just use a speaker phone and work on something else while waiting. (To be honest, I’ve gotten the IRS on the phone, they put me on hold, I’ve done whole tax returns waiting for them to pick up.) Just warning you so that you don’t think you’ve been forgotten.
    They’ll probably tell you that your return was received and they’re still processing it and they won’t know anything for X number of weeks. But, that at least gives you a time line of when to follow up if necessary. If you’re lucky, they’ll be done processing and have information about how much you’ll get and when you’ll receive your check. I hope you’re lucky–but I’m not real confdent that you’ll get that information the first time you call. Good luck.

  545. Admin Roberg on Sat, 5th May 2012 4:36 pm
  546. Hi Green,
    If your wife sent the 8379 form in with your efiled tax return, it should take about 11 weeks for the IRS to process it. If she mailed it in later, then is should take about 14 weeks from the time the IRS received it. Now people are posting that it’s been taking longer–so don’t be surprised if it’s slow.
    I haven’t heard anyone complain about not receiving their share of the refund so I would guess that if you did the paperwork correctly, she should get her “share”.
    I’m doing the little quotie marks because a person’s fair share is different in different states. Texas is one of the community property states so you folks are computed differently. She’ll get less money than what you would have computed her to get–I’d say she’ll get half. At least that’s how I’m understanding it.

  547. Lauren on Sat, 12th May 2012 10:11 pm
  548. I am a newlywed (late 2011) my husband has a student loan debt and our $8000 refund check was taken to offset that. I am filing an injured spouse form because 99% of the income was from me. Here’s my questions about the form:

    1) We have 2 exemptions, can I put 2 for me and 0 for him since he only worked 2 weeks in 2011?
    2) Dividing the standard deduction of $11,600 by 2 would mean that $5,800 is under him, but he only made $1,700 in 2011 so can I put all of the deduction under me or at least the excess?
    3) If I can’t do any of the above, does this mean that I need to calculate a new liability different from the original tax filing that Jackson Hewitt did for us? I am confused about what to put in the payments section.
    4) Will I get all of the $8,000 back? If not, how much will I get and will the refund amount change an no longer be the $8000? For example: if I have to do a new liability calculation for the payments section— this will lower the refund because the full deduction and both exemptions arent reducing my taxable income. Let’s say the refund based on my 1 exemption and 1/2 of the standard deduction now makes my refund $6000. Would I get $6000 and then the other $2000 from the original refund projection go to the student loan or would the extra deductions amount above the $1700 he made be null and therefore I get a portion of the newly calculated amount of $6000 and whatever portion out of that they deemed my husband’s goes to the student loan? We lived in Florida for 2011.

    Thanks for the help

  549. Jan Roberg on Wed, 16th May 2012 10:21 pm
  550. Hi Lara from Indiana,
    I promised I’d get back to you on where to mail the Indiana Injured Spouse form (the IN-40SP). It goes to the same old place other refunds go to: Indiana Department of Revenue, PO Box 40, Indianapolis, IN 46206-0040.

    Sorry I took so long, you probably got your answer already. I guess it was sort of a “duh” but my brain wasn’t working that way. (For what it’s worth, I’m good at preparing tax returns–the whole mailing them issue is over my head.)

  551. Admin Roberg on Fri, 18th May 2012 12:40 am
  552. Hi Lauren from Florida,
    First, Florida is not a community property state–that makes a difference. And it also sounds like you don’t have any children so that means you don’t have any of those “refundable credits”. That makes your situation a little easier to compute.
    If your Jackson Hewitt office is still open–or their district office, they can just push a button to tell you what your tax return would be like if you filed as married filing separately–that’s what you’d get back for filing the injured spouse form.

    But–here’s where I’m confused. Your refund is $8000–which makes me think there’s EIC and kids involved. If that’s the case, you’re not dealing with 2 exemptions, you’ve got four. One for you, one for him and one for each of the children. And this will make a big difference–because on your injured spouse allocation you are taking 3 for you and your husband gets one.

    You do have to split the standard deduction in half–even if he only earned $1700.

    The IRS doesn’t share how they calculate the injured spouse allocations with EIC. I suspect that you’ll get most of your refund, if not all of it, but I also know not to second guess the IRS on this one. Remember, you’re probably going to wait about 14 weeks to get that refund too. So don’t commit funds that aren’t in your hands yet. Good luck.

  553. Cynthia on Fri, 18th May 2012 5:06 pm
  554. Hi, my husband and I received letters from the IRS last week stating that our injured spouse form has been processed and also states the amount we will be getting back and that we should receive it within 2-3 weeks. We were happy to receive this notice but this is where it get confusing. Although we recieved the letters last week, they are dated ‘May 21st’. So my question is, is it normal for the IRS to postdate letters? Does this mean we should receive the money 2-3 weeks after that date? Also, am I correct in assuming since the refund amount is different than the original amount we were to reveive, we should expect a paper check instead of direct deposit? Thanks!

  555. Cynthia on Sat, 19th May 2012 1:35 pm
  556. Hi, I’m not sure why my post got deleted so I’ll try again.
    My husband and I did the Injured Spouse Form and received notices last week that we will be receiving part of our refund back. The weird thing is that the notices were post dated for May 21st. Is it normal for the IRS to post date letters? Does this mean we would receive our refund 2-3 weeks from that date? Also, am I right in assuming since our refund is a different amount than the original anticipated refund, we will receive a paper check rather than direct deposit? Thanks.

  557. Admin Roberg on Sun, 20th May 2012 1:43 am
  558. Hi Cynthia,
    Your post didn’t get deleted, it’s just that it won’t post until I approve it. It helps keep all those ads for Viagra and other stuff off my website. I probably get 10 weird things or links to “amazing new dust mop” for every real post that people give me.

    Anyway, yes the IRS does post date letters. Isn’t it crazy? They do that so you should receive the letter on the day it’s dated, but it doesn’t always work that way. You should assume that you’ll receive your check 2-3 weeks from the 21st, the date on the letter. Also, since the amount is different than what your refund would have been, you’re correct in assuming that you should receive a paper check.

  559. Ali on Mon, 21st May 2012 7:02 pm
  560. If I filed my initial joint tax return and got direct deposit, how will my injured spouse refund come back?

    If it is by check, will it only have my name on it or his as well?

    Thanks

  561. Jayme from Texas on Thu, 24th May 2012 3:19 pm
  562. HELP!! I filed the injured spouse form. we were die to get back 4000, mostly because of me and what I had coming back to me. He has debt of the same amount, so you know the drill. they took it. I filed the form. The lady i did this with predicted I should get back around 1500. I got 300!!!!!!!!!!!!!!!!!

    HOW is this possible to get back 4000 every year before filing together, and now after injured spouse form I only get 300????

    I cant get them on the phone and I need help understanding. Going crazy!!

    Jayme

  563. Admin Roberg on Thu, 24th May 2012 6:41 pm
  564. Hi Ali,
    Most likely, your injured spouse refund will come back as a check. There’s two reasons for that: first, if the amount you’re getting back is not exactly the same number as the refund on your tax return, then the IRS will not be allowed to direct deposit it. The second reason is similar, if it takes the IRS so long to process your injured spouse form that they owe you interest, again they can’t direct deposit because the numbers won’t match–so most likely you’re getting a check in the mail.
    I believe that the check will be issued in both your names. I tried calling the IRS to confirm that but never did get through. Sometimes even I have a hard time reaching them.

  565. Admin Roberg on Thu, 24th May 2012 7:30 pm
  566. Hey Jayme,
    Without seeing your tax return and your injured spouse form, I can’t tell you much, but I can make a few guesses. First, you’re from Texas which is a community property state. That can really mess things up when you’re filing injured spouse. Here in Missouri, what’s mine is mine and what’s his is his. But in Texas, what’s yours is his too–so that’s going to ding you there.

    Another possible issue is how you filed your form. Let’s say you have 2 kids. Most people, when dividing assets and children, say one for him and one for me. When you’re claiming injured spouse, both the kids are yours (unless they really aren’t.) But that’s a common–I hate to call it a mistake, but it’s a common problem.

    You asked how you could go from a $4000 refund from before you were married to a $300 refund after? The key word there is “married”. Once you marry the guy, his debts are yours too. I always tell people to check their potential spouse’s tax records, but people in love don’t want to do that.

    I’ve had trouble getting through to the injured spouse department myself lately. They must be really back logged. To get an exact answer as to why you only got $300, you’ll have to talk to them. Try calling on a Wednesda or Thursday–Mondays and Tuesdays are always bad. But going straight to the source is the only way you’ll know exactly what happened. Sorry I couldn’t be more helpful.

  567. Jessie on Tue, 29th May 2012 9:09 pm
  568. I have a quick question, my husband and I filed our tax return jointly for the first year. In the past we always did them separately since he owes child support from a time he was laid off. He pays child support but has arrears from the time he wasn’t working. I filed form 8379 since I want my portionif our refund and I have two kids that I put down as mine (they are). My questions that he has been receiving notices that our refund was applied to back child support yet I have not received any notices where my portion is. I called weeks ago and they said they received my form and that it’s being processed. In the last few weeks my husband still gets letters saying it was applied to child support. Then a few days ago I get in the mail a check for the full amount of our refund. I’m a little scared to cash it because it’s for the full amount. Does that happen often where they apply the whole refund to the injured spouse even though we both had income? I paid more taxes than husband so I don’t know if that makes a difference and we live in Illinois. Also I still haven’t received my refund from my state Illinois. Do I have to fill out another form for the state (8379)? When I go online to check the status it says they cannot process my request for information and that I have to call. I’m just confused about what to do with the check they sent me and can I cash it or do they makes mistakes. Also will I get my refund from the state?? Any help is appreciated! Thanks.

  569. Admin Roberg on Wed, 30th May 2012 2:50 am
  570. Hi Jessie,
    Cash that check! It’s quite possible that the whole refund would come to you. It happens all the time. Basically–I’m guessing your refund is all EIC and child tax credit and that the money your husband withheld to pay his portion of the income taxes covered his share of the income. That would be a logical conclusion. So cash that check and take the kids out for ice cream!

    Now about Illinois–that’s another story. In Illinois, if you have an injured spouse situation, you should file separately. It’s weird because normally if you file jointly for federal, you also file jointly for the state. In Illinois, with an injured spouse, you file separate returns. Missouri and many other states have an injured spouse status, but Illinois doesn’t. You won’t get your Illinois refund this year. Sorry.

    (But the kids should still get ice cream. Tell ‘em Aunt Jan said so.)

  571. Michelle on Mon, 4th Jun 2012 6:38 pm
  572. I have a question, years ago I went to school online and since then my student loan has been sold. A few years ago they sent me statements saying I still owed on it when I’d paid it off. This year the they took most of my state return and almost half of my federal for this.

    My husband filed the injured spouse form for state and federal. We received a check back for $1000, but tha’s not even a fraction of what they took. The top of that check stub said from the state treasury, so my question is will I be getting a check back from the federal treasury as well or was that check supposed to cover it from federal and state? Sorry, I’m just having a crisis here and this confuses me.

  573. Jessie on Tue, 5th Jun 2012 12:57 pm
  574. Thank you for getting back to me. The part I don’t understand is why I keep getting notices from the IRS that our refund went to child support even though I have the check in my hands? By the way I am cashing it today and taking the kids for ice cream. :) .
    Is that normal to keep receiving those notices?

  575. Admin Roberg on Tue, 5th Jun 2012 9:14 pm
  576. @Jessie,
    Yay, ice cream! (I just posted on another page about cookies–I’ve got to start eating healthier.)

    Anyway, sadly it is kind of normal to get notices from the IRS that don’t make any sense. What happens is that your injured spouse issue gets settled on one computer and the notice that says your refund was taken is on another. Eventually it all gets settled out. What happens is that a lot of those notices are put on an “automatic timer” thing.

    Now normally, you don’t want to ignore IRS notices because they sometimes say things like, “we’re taking all the money out of your bank account,” and you wouldn’t want to ignore something like that. But in your case, it’s clearly a “cross in the mail” kind of thing.

    If you get another one–I would call, just to be on the safe side (‘cuz it’s what I do) but I wouldn’t worry about it or lose any sleep either.

  577. Jayme from Texas on Wed, 6th Jun 2012 12:35 pm
  578. Thanks for your reply. We dont have children together. He has two from previous relatrionship. Bottom line, in your opinion, Do I cash the 300 check or is there a chance this can be fixed and I come out with at least a little bit more? Lesson learned for next year but in this case is it worth calling over? IS there even a chance it could change the refund amount? If not, I will cash and call it a day. :( Please advise on this and thanks in advance for your help!! :)

    Jayme

  579. arletha smith on Thu, 7th Jun 2012 8:25 pm
  580. I required debt before I got married I am a stay at home mom. So when my husband filed our taxes this year they took everything due to my school debt. So h&r block told him to file the injured spouse form which he did they processed it and told us our check would be sent out on the 4th today we got a paper that saithey were still taking all the money 1. Why would they tell us we was getting a check when they were really still taking everything and 2. What was the point in my husband filling the injured spouse form if they was still going to take everything anyway

  581. Admin Roberg on Sat, 9th Jun 2012 11:53 pm
  582. @Jayme,
    Ahhh–the kids are his. That’s the problem. Not that the kids are a problem, they’re probably great kids, but they’re his not yours. When you’re filing a tax return and you qualify for child tax credit and EIC–that makes for a really nice refund. When you have injured spouse–if you can’t claim the kids as yours–well then–that EIC and child tax credit goes to him instead of you.

    But here’s something to think about. Well wait–first cash the check. I’d like to see the situation fixed for you–but cash the check anyway. If you’re going to get anything else–the IRS will send you the difference, you won’t have to send that check back.

    Okay–here’s what I was going to tell you: you are the step mom. As the step parent–you have a legal right to claim those kids. If the children live with you, and they are not being claimed by their birth mother, then you would legally be allowed to claim the kids as their step mother. So–you should have claimed the kids on your injured spouse form.

    If the kids lived with you, then I’m guessing that your husband’s debt isn’t child support so I’d feel no guilt over switching and putting the kids as your dependents. (If you husband owes back child support and it’s for those two kids–you should feel really guilty if you do that.)

    That’s worth calling the IRS over. (Even if they do put you on hold forever.)

  583. Admin Roberg on Sun, 10th Jun 2012 12:16 am
  584. Hey Arletha,
    I’m not sure–to be honest. Did the IRS say you’d get all your money or did H&R Block say you’d get your money? There’s a big difference there. If the IRS told you you’d receive a refund–that’s one thing. The H&R Block person–well she might not have known any better. That’s one scenario.
    Here’s another–you know that you had debt–did your husband have debt also? That could have been possible. Then the Block person wouldn’t have know that.
    And here’s another possibility: they might have done the paperwork wrong.
    And here’s one more: maybe you are still getting the money but some papers crossed in the mail.

    So how do you figure out the truth? You’ll either have to go back to H&R Block and talk to the person who did your injured spouse paperwork or you’ll have to call the IRS yourself. If you go back to Block–you’ll probably have to go to one of their district offices and have one of their summer people help you. The person who originally filed your form may have been one of their seasonal folks and could be gone by now. Ask for an enrolled agent–they should have one at one of their offices who can help you. That should help you cut through some of the red tape in figuing out what happened.

    Sorry I’m not much more help to you right now. It’s hard to say exactly what happened without looking at the paperwork and all that. Good luck.

  585. Michelle on Sun, 10th Jun 2012 2:15 pm
  586. I have a question, years ago I went to school online and since then my student loan has been sold. A few years ago they sent me statements saying I still owed on it when I’d paid it off. This year the they took most of my state return and almost half of my federal for this.
    My husband filed the injured spouse form for state and federal. We received a check back for $1000, but tha’s not even a fraction of what they took. The top of that check stub said from the state treasury, so my question is will I be getting a check back from the federal treasury as well or was that check supposed to cover it from federal and state? Sorry, I’m just having a crisis here and this confuses me.

    Sort I reported, but I wasn’t sure if my question got lost in the masses and I’m desperate for help. :(

  587. Admin Roberg on Sun, 10th Jun 2012 6:35 pm
  588. Hi Michelle,
    I’m sorry I missed you. I answered the question, but I can’t find the answer. (I’m not the most internet savvy tax geek out there. Sorry.)

    Anyway, you got a check from the state–your federal check should say US treasury on it. So I’m guessing that you still have money coming. (Especially if you got state money.) The IRS is pretty slow with the injured spouse refunds, so 14 weeks is not an unusual wait. But I would expect something to come your way. (Hopefully a nice big check!)

  589. David on Thu, 14th Jun 2012 2:56 pm
  590. Is there a number or email where I can reach the department directly that is processing my Injured Spouse claim? I called last week and was told our check had been cut. We did not receive it so I called today and was told one had not been sent. Unbelievable.

  591. Admin Roberg on Thu, 14th Jun 2012 6:04 pm
  592. Hi David,
    If you find a direct number to the injured spouse department let me know! Sorry, but you never get the same person twice–and worse yet, you won’t even get a person in the same city!
    The IRS isn’t like a normal company where you’ve got the injured spouse department — although I think they do have one. The people who work on that stuff are scattered all across the country.
    The person you talk to has never actually laid eyes on your tax return. They’re going by what someone has put into the computer. You tax return could be sitting in Kansas City and you’re talking to someone in Memphis about a check that’s getting cut somewhere else entirely. It’s pretty confusing.
    And here’s the kicker! You called last week and was told your check had been cut. This week you were told it had not been sent. Both statements could be true! They cut the check–but didn’t mail it yet.
    But the only way to reach them is calling that 1800 829-1040 number -which is the same number for everything. For what it’s worth, even if I called using my enrolled agent “bat phone” line ( a secret phone number that I’m not allowed to give out or lose my license) even if I use the bat phone–I’m not getting any further along than you are when you call. That probably doesn’t make you feel any better but at least you know it’s not you.
    So, if you want more information and you have the patience to call again (and wait 45 minutes) Remember you have four questions: 1. has the check been cut? The answer should be yes. 2. Has the check been mailed– we believe the answer is no, because that’s what they told you. 3. Has the mailing of the check been scheduled? The answer should be yes–but we’re dealing with the government so you never really know. And the final question: 4. What is the scheduled mailing date? And that will give you the clue as to when your check should arrive. If they said it’s getting mailed on June 15th, assume you won’t see it until July 1st. Hopefully you’ll see it sooner, but don’t count on it.

    Sorry I don’t have a quick and easy answer for you. And please excuse my rant, can you tell I’ve been on hold a bit too long today?

  593. Reggie V on Mon, 25th Jun 2012 5:56 pm
  594. Me and my wife filed tax this year jointly together with our tax return we file form 8379 together with our tax return. We waited 11 weeks and finally got an answer. My tax preparer screwed up on my tax last year and we ended up owing $7900 on Federal. We were supposed to get a refund this year for $2960. on our 8379 form it says my wife will get half of it. But on the letter for the IRS it says that she owes back taxes so they will offset the $1480 that she would get from filing injured spouse. My question is: why is she not getting the $1480 since my income was the one that got screwed up on my our tax return last year? Can i still call the IRS to check if she can still get the $1480?

  595. Admin Roberg on Mon, 25th Jun 2012 9:30 pm
  596. Hi Reggie,
    I’m not 100% clear on your issue, but let’s see if I’ve got it.
    Last year–your tax preparer showed that you owed $7900 on your tax return. (It’s a screw up–but the IRS is still counting it as you owing, right?)

    If you filed Married Filing jointly on last year’s tax return–then even if the part that’s owed is your fault–your wife still is counted as owing the tax.

    This is a little different than if you owed on a student loan or child support from before you were married. You see, this is debt that you incurred while you were married to her and–since you file jointly–she also takes the hit (even though it’s your fault.)

    I have a client who is divorced. He got an IRS letter about extra tax money he owed on some income from back when he was married. We looked at it–it was his. He sent the IRS a letter saying so, and that the tax was his and that he would be responsible for paying it, not his ex-wife. The IRS still sent the ex-wife a bill and since she didn’t know about the correspondence between her ex and the IRS, she paid the bill! It wasn’t her debt at all–but because they were married at the time and they filed jointly–the IRS treats it as her income/her tax.

    Although your story is different, I’m thinking the IRS is treating you the same way. Because you were married and filed jointly–then the debt is hers as well.

    Now what you might want to do is fix that bad tax return (if it’s fixable.) If you really don’t owe that money, then amend the return and then your wife won’t owe anything either. If you really do owe the money for last year–then there’s nothing you can do. Sorry.

  597. Lindsay on Fri, 29th Jun 2012 12:34 pm
  598. Hi,
    This is the first year I filed jointly with my husband and the injured spouse. The tax prepared I used said this was best because for two prior years I filed married filing seperately and lost lots of credits. My question is my husband owes back taxes which were from before we were married. They placed a federal tax lien on him also before we were marred. Do I need to worry about this tax lien for my home? My house is in my name only and we also do not share any bank accounts.

    Thanks for your time,
    Lindsay

  599. lisy on Fri, 29th Jun 2012 1:44 pm
  600. hi;i lived in the state of florida,i file my tax april 13 with the form 8379 and today being 11 weeks and i havent received nothing no letters from irs how long more i have to wait thank you

  601. Lindsay on Fri, 29th Jun 2012 2:19 pm
  602. Hi,
    This is my first year filing a joint return with my husband. My tax lady recommended to file this way with injured spouse due to the credits I would lose doing it seperately. The past two years I filed married filing seperately. My husband owes back taxes from prior to our marriage. Also prior to us getting married the IRS placed a tax lien on him. My question is will any of this effect me such as my home and so forth? The house is in my name solely and we do not have any joint accounts. We live in PA.

    Thank you for your time,
    Lindsay

  603. Admin Roberg on Sat, 30th Jun 2012 4:03 pm
  604. Hi Linday,
    You’re asking a really good question. I think you’ve been really smart to keep you house in your own name–that’s good. Your husband’s debt is from before you were married so you house should be safe from a lien. Even though you are filing jointly, you’re filing jointly now–that doesn’t affect your husband’s back taxes.
    Now, just for your information, I’m attaching a link about how to get rid of an IRS lien. You might find it helpful for your husband. Here’s the link: http://robergtaxsolutions.com/2011/06/irs-liens/

    Bottom line, I think you’re fine.

  605. Admin Roberg on Sat, 30th Jun 2012 4:08 pm
  606. Hi Lisy,
    I would think you should have heard something by now. I would call the IRS. 1-800-829-1040. Be prepared to be on hold for a long time, and then be on hold again. But that’s the only way you’re going to get a solid answer. Have a copy of your tax return handy, you’ll need information from it to prove who you are. Don’t call on a Monday — they’re usually flooded. You’ll have better luck on a Wednesday (unless it’s a holiday). Good luck.

  607. Chelle on Thu, 5th Jul 2012 8:03 am
  608. First i would like to thank you for actually answering people back with helpful advice. Long story short…didnt know my husbands student loan woukd affect the return that we filed using turbi tax in april… filled out injured spouse form ON MY OWN and i put more than half as owed back to me. We both work for th school system in NC, but I make more. Should any of the info Ive shared affect the amount due? I put more than half because we share money anyway and I figured if they dtermined the amount to be less than at least we tried. Was this wrong?

  609. Admin Roberg on Thu, 5th Jul 2012 4:11 pm
  610. Hey Chelle,
    I’m thinking you may have done something wrong. Not wrong like “bad girl naughty” but wrong like you did the form wrong. I can’t be sure but it seems to me, when you do the injured spouse form–there’s no space for saying what part of the refund goes back to you. So that’s a problem right there.

    Now, if you were in Turbo Tax, the program should have allocated your income items correctly–your w2 income should be under you and your husband’s under him. If you have kids–unless you designate the kids as being yours (which is what I always recommend) then most tax programs just split them up.

    It’s probably worth a phone call to the IRS (be prepared to be on hold for a long time) and follow up on your case. Explain that you may have made a mistake and need to make sure that it’s correct. Basically, if there are no children involved, your refund should be what it would be if you filed as married filing separate.

    If there are children, then you want the children listed as your dependents so that any child tax credit, exemptions, and other tax credits go to you.

    What happens when a form is filled out incorrectly is that either it delays things or the IRS tosses it out altogether. That’s why you really want to follow up to see what they’re doing with your return. Good luck.

  611. Chelle on Fri, 6th Jul 2012 12:12 am
  612. Thanks for the quick response, I think I must’ve misunderstood the directions for line 20 for the part III of form 8379. Under payments, I put most of the dollar amount towards me, and a small portion under “allocated to other spouse”. And we do have two children. You think it’s really worth a call? Uhh…guess I will get right on it…dreading the 45 minute wait….I will update you as soon as I can…

  613. Chelle on Fri, 6th Jul 2012 1:03 am
  614. OOOOOPPPPS!!! I think I was supposed to put 0 in all three columns. What should I do now? Resubmit? I COMPLETELY misunderstood what they were talking about. I thought tax payments meant the refund they were supposed to pay to us….gosh, I feel INCREDIBLY intelligent right now…oh boy…I promise I really do have other sense, just not common sense…lol

  615. Admin Roberg on Fri, 6th Jul 2012 3:52 pm
  616. Chelle,
    Yes it’s worth a call. And yes these forms are confusing. I find that a small bag of M&Ms makes the IRS (and being on hold) much more bearable. :)
    Good luck.

  617. Nicole Bryant on Fri, 27th Jul 2012 9:13 am
  618. Okay so a long story short, I had to file an injured spouse form after my taxes were processed as I was unaware my soon to be ex had a large debt to AAFES. I mailed in my injured spouse form, they received it on May 4, on July 3 when I called I was told it was processed and to expect my check in 2-3 weeks. I called today and the rep told me the refund check wouldn’t be posted until Aug 13? I asked what does that mean and she said they wouldnt know the refund date until Aug 13? Thats 3 weeks from now, is this normal?

  619. Admin Roberg on Fri, 27th Jul 2012 10:02 am
  620. Hi Nicole,
    For what it’s worth, you’re not being singled out or anything like that. I’m finding that the IRS is that far behind on things right now. Doesn’t make things good–just means not to worry. Is it normal–usually I’d say no, but this year, yes.
    I’m working on something for a client that has gone way beyond the “time line”. I called the Taxpayer Advocate’s office last week — because that’s who you call when things aren’t being done in a timely manner — and they told me that they couldn’t help because they really were that far behind.
    I realize this doesn’t help speed things along–but at least you know it’s not your tax return that’s the problem. Sorry.

  621. april dorsey on Thu, 2nd Aug 2012 4:45 pm
  622. okay im married and i claim my husband on my taxes and the man put joined not thinking that he owed child support but it was me that the child support was for also i never put him on child support they sent me a letter about i had to go to court and appeal and tell them i dont want him so i never got the letter and they pursue it so wat they did was i had to file a injury spouse claim and they sent me half of wat i got they took 3,000 something but i went and took him off and i was wondering if they will give me the other half of my money they took back

  623. Admin Roberg on Fri, 3rd Aug 2012 8:40 am
  624. Hi April,
    I’m a little confused. You are married–I get that. You say that you claim your husband on your taxes–you mean as a dependent? Because, you can’t do that. So if you claimed your husband as a dependent–then your return was wrong and that would mess up your refund.

    But–you say the man filed as joined–okay that’s correct–if you’re married, you should file your return as “married filing jointly.” So that’s right. (Assuming that you’re living together–if you’re separated, and you’ve lived apart for at least the last 6 months of the year–then you could file as head of household if you have children.)

    Okay–now, as I understand it–you two filed together as married filing jointly and your refund was taken for unpaid child support–okay I get that. But the unpaid child support was owed to you, right?

    So if I’m understanding correctly–you got half of your refund back–from your taxes and there’s another $3000 that should go towards your unpaid child support.

    So if I’m reading this correctly–then you should get the money back not as a tax refund, but as a child support payment.

    But that’s if I’m understanding this correctly–but here’s the thing. It sounds to me like you’ve got a pretty unique case and it would be worth your while to have someone look at it with you in person to make sure.

    You can go to a local IRS office and talk to someone (if there’s one near you with office hours.) Here’s where I’m concerned–2 issues to be honest.

    1. If your husband was listed as a dependent–then that would mess up the entire refund and maybe you weren’t entitled to $6000 in the first place. That would be the first thing to check.

    2. The injured spouse issue–now if you’re going to get the money anyway–not so much of an issue. But–I realize that you were just giving me approximations–about $6000 and about $3000–but it sounds like everything was split down the middle. It’s possible that it’s 100% absolutely right. But when I do injured spouse forms I weigh the kids on the injured spouse side–putting the bulk of the refund on the injured spouse–which is you. Like I said, if you’re going to get that money from child support, that’s not a problem.

    BUT–and this could be a problem. What it it’s not going to your child support? What if he’s got some other debt out there that’s ahead of your child support. That’s not likely but it’s possible–that’s why I would still want to make sure you’re covered with your taxes first.

    The point is, you should let somebody take a look at your taxes just to be on the safe side. I can’t give you good enough information from this side of the computer screen and you deserve to know what you do or don’t have coming. Sorry.

  625. Nicole Bryant on Thu, 9th Aug 2012 8:17 am
  626. Just wanted to update you, I finally received my check this Tuesday. Way before the August 13th date I was told :) So from start to finish, they received my injured spouse form (after I filed my taxes) on May 4th and I received my check on August 7th, over 12 weeks for anyone that is trying to figure out the timeline.

  627. Admin Roberg on Thu, 9th Aug 2012 12:44 pm
  628. Thanks for the update Nicole. So we’re looking at a little over 12 weeks. Oh well, it’s better than getting nothing. Glad you got your check.

    [...] as indicated in the comment below, the photo was published in a Mar 28, 2011 blog titled "Injured Spouse Relief." It was also published in a May 5, 2011 blog titled "Online dating service options for [...]

  629. nadia on Wed, 15th Aug 2012 5:39 pm
  630. i am seperated from my husband and will be filing for divorce. i filed an injured spouse claim and received the refund in both names. The bank won’t let me cash it. When i called the IRS they stated that if i send the check back with a letter explaining the circumstance, they may send me a check in my name.
    Do you agree with this advice?

  631. Admin Roberg on Fri, 17th Aug 2012 12:13 pm
  632. Hi Nadia,
    Yes I do agree. But–let me just put a few warnings out there. 1. Make a photocopy of the check and the letter you send them, and 2. Send it using certified mail, return receipt requested. That way you’ve got proof. Good luck.

  633. crystal on Wed, 26th Sep 2012 8:57 am
  634. I have not worked all of 2012 and don’t plan too..I stay at home with my son. My husband works. I have a student loan debt, but since i have no income when it comes time to file in February 2013 will my husband still need to file an injured spouse form? Can they still intercept his taxes for my debt when i had to income?

  635. Admin Roberg on Fri, 28th Sep 2012 6:58 pm
  636. Hi Crystal,
    I’m guessing that you haven’t been paying your student loan–because if you’re making your payments–the IRS won’t touch your refund at all. So, if you’re behind on the loans, then yes, the IRS can keep your joint refund to pay it. Your husband should file the injured spouse form. Even though the debt is yours, the tax refund is for both of you, so he needs the protection.

    [...] as indicated in the comment below, the photo was published in a Mar 28, 2011 blog titled "Injured Spouse Relief." It was also published in a May 5, 2011 blog titled "Online dating service options for [...]

  637. kelly on Tue, 20th Nov 2012 1:54 pm
  638. me and my husband got married in 2011 in oct. we filed married jointly and didnt get it back, later in june after filing for injured spouse he got his refund back. i need to know, would we have to go through an injured spouse again in 2012-13. I dont work im on ssi ssdi and child support. we had this issue resolved by handr block finding out that what im getting is not taxable and shouldnt effect my husband’s taxes so is it to be expected to go through that again or no?

  639. Admin Roberg on Wed, 21st Nov 2012 10:12 am
  640. Hi Kelly,
    I have no idea–I don’t know enough about your situation. Let me give you some general advice and see if I hit the mark.

    I’m guessing that you’re the one with the debt? Yes? I’m also guessing that whatever debt you have has not been paid, yes? If that’s the case, you’re going to want to keep filing injured spouse or your husband’s refund will get taken again.

    If the debt in question has been paid–then you don’t have to file injured spouse.

  641. Cool Dating Tips Women images on Wed, 28th Nov 2012 10:05 am
  642. [...] as indicated in the comment below, the photo was published in a Mar 28, 2011 blog titled "Injured Spouse Relief." It was also published in a May 5, 2011 blog titled "Online dating service options for [...]

  643. Chandi on Mon, 10th Dec 2012 9:15 am
  644. i was just curious about something, my husband and i have been married for 7 years and we split for two then got back together. in the two years we split i took him for child support, well now we are together and last year we filed taxes married filing joint and they held our tax return for 6 months, he has to pay support on 3 kids (our two and his other daughter) is there any way to keep the irs from holding the refund for 6 months? they sent us a letter saying they had to make sure i wasnt filing injured spouse, how do i go about letting them know that im not filing so we can get our money sooner??

  645. Admin Roberg on Mon, 10th Dec 2012 10:09 am
  646. Hi Chandi,
    I have a question for you–why aren’t you filing injured spouse? One way or another, you are supposed to get money back–either through his refund or through the child support. If his money is being held to pay the child support-and it’s yours–you may get more of it claiming injured spouse.
    But there’s another issue too–does he owe child support on the other child as well? If yes, then you definitely want to claim injured spouse so you get your money.

    Now here’s my really b-witchy answer for you. My apologies to your husband. He owes you back child support right? But you’re together now and all is good right? But who knows what the future holds. If the state takes the refund for the child support–it reduces what he owes you. (A good thing, right?)

    But–if you file injured spouse and get most of the refund from the IRS instead of through the child support agency–then he still owes on the child support. If your reunion isn’t all it’s cracked up to be and you toss him out on his head again–he’ll still owe you the child support. I told you it was a b-witchy answer.

    Now– if he’s perfect–I mean you did take him back so there’s certainly good in him and I bet he makes beautiful children so he’s probably a keeper–then file the injured spouse and take the money from the IRS and pay down the back child support. This way you’ll get that money out of limbo.

    If there’s still child support outstanding come tax time, file the injured spouse again when you file the return. It will be much faster for you.

  647. Chandi on Wed, 12th Dec 2012 1:00 am
  648. well to be honest i wasnt sure if filing injured spouse was a good idea or not, my husband and i hated waiting for 6 months to get our money….to answer your question, yes he does owe child support on his other child, im not exactly sure how much, as of right now im not even sure if he owes me anything just because he called at the beginning of the year and they told him he may have overpaid with me, but never gave a clear yes or no. I have a question..even if i didnt work this year at all i can still file injured spouse? and what part of that money would come back to me? i guess i just dont understand how it all works, having never done it before and all. any help would be great

  649. Admin Roberg on Sat, 15th Dec 2012 4:23 pm
  650. Hi Chandi,
    Even if you didn’t work at all–do file the injured spouse claim. Make sure you list both children as to be claimed by you. That way you have a chance at some of the refund.

    [...] as indicated in the comment below, the photo was published in a Mar 28, 2011 blog titled "Injured Spouse Relief." It was also published in a May 5, 2011 blog titled "Online dating service options for [...]

  651. Latia on Wed, 2nd Jan 2013 3:51 pm
  652. I have been filing single for the past 3 years even though I am married because my husband owes child support. I wasn’t aware of the “Injured Spouse Form” until now. Do I need to amend my previous taxes and file injured spouse? Will it affect my previous refunds? Also, I plan on filing the “Injured Spouse”for my 2012 taxes. My husband didnt work all of 2012 so will I get the entire refund?

  653. Admin Roberg on Sat, 5th Jan 2013 7:11 pm
  654. Hi Latia,
    You should never file as “single” when you’re married. It’s considered to be a form of fraud, especially if you receive the Earned Income Tax Credit.
    I do recommend amending your returns with the injured spouse claim. Definitely file as married using injured spouse this year. The amount of your refund will depend upon a couple of things, for example–if you live in a community property state and also if your husband received unemployment–which is taxable.

  655. Brittany on Tue, 8th Jan 2013 1:58 am
  656. Hi,
    I currently do not have and offset (i called the number). But I am very concerded that they could put one on the day after we file our taxes with my luck. I am a stay at home mom with a student loan in default. My husband made all of the money and we do qualify for the child tax credit and eic. So my question is what should we do? Go ahead and file normal considering there is not currently an offset? Or, go ahead and file the injured spouse to be safe and wait the extra 12 weeks? The reason I can’t decide is because there is no offset at the moment. Last question if an offset is applyed consider I didnt work would he still get the whole return including eic if we file the injured? ugg so confusing.

  657. Brittany on Tue, 8th Jan 2013 1:59 am
  658. I live in Indiana which is a not a community property state.

  659. Admin Roberg on Tue, 8th Jan 2013 9:41 pm
  660. Hi Brittany,
    Sounds like you have the same kind of luck I have. I would contact the loan people and see if you can get out of default–that’s your best bet.
    Barring that–the IRS won’t be accepting efiles until January 30. Just before you file, check again.
    If you find the you’re clear, then file, and then are offset, you can always file for injured spouse after the fact. I wouldn’t file injured spouse if there is no offset (because it gunks up the IRS files and there are delays.)
    But, like I said, see if you can do with the student loan issue to keep them off your back.

  661. Brittany on Wed, 9th Jan 2013 12:54 am
  662. Thank you so much for you advise and time :)

  663. Miranda on Thu, 17th Jan 2013 8:55 pm
  664. is there a time limit on filing an injured spouse claim?

  665. Jan Roberg on Sat, 19th Jan 2013 7:14 pm
  666. Hi Miranda,
    If you’ve had your refund offset, you should file the injured spouse form as soon as you find out. But many people just don’t know that the injured spouse option exists. You should be able to go back for three years.

  667. silvia on Mon, 21st Jan 2013 5:42 pm
  668. k heres what going with us in the past 2 yrs we have file our taxes married jointly but we are not legally married. so this yr i work and he did too but he owns unemploymen from michigan so this yr we dont know how to file ??help ant good advise we dont want to get introuble by the irs so how should we should file . i went to a tax lady and she say me file with my 3 kids and him solo?? is that good advised? or what please help us out thank you

  669. silvia on Mon, 21st Jan 2013 5:48 pm
  670. by the way she gave me an estimeted if i do them by my self with my 3 kids so i get get the earn income credit and child credit . but im scare so i didnt do them yet and like she say until jan 30 they startt making the taxes. help some good advise we need .

  671. Jan Roberg on Mon, 21st Jan 2013 8:27 pm
  672. Hi Sylvia,
    I’m thinking that your tax lady is probably right. You should not file as married if you are not married. That’s tax fraud–and that’s not good. Are the children his? Or are they from another relationship? If you filed as married so that your boyfriend could claim your kids–that’s really bad.
    You really should amend your tax return and say that you are not married. It might cost you some money, you might have to pay back some of those refunds. But that’s what you should do.
    In the meantime–at least don’t file as married again. I don’t know the whole story, but it sounds to me like your tax lady is telling you the truth. Good luck.

  673. appreciative on Wed, 23rd Jan 2013 1:53 pm
  674. Just wanted to say that I think it’s great that Ms. Roberg has taken the time for multiple years to give free advice on this board. Kudos and cheers!

  675. Michael Siebert on Wed, 23rd Jan 2013 6:00 pm
  676. She is an incredible person! Very knowledgeable, very sweet, and a very caring individual.

  677. Jan Roberg on Wed, 23rd Jan 2013 8:54 pm
  678. Thank you appreciative, you’re so kind.

    Mike, quit sucking up, you’re already hired. :)

  679. Tammy Warren on Thu, 24th Jan 2013 9:13 am
  680. Question…my husband owes back child support but had no income this year. Do I need to file injured spouse this year if we file joint? Thanks!

  681. Michael Siebert on Thu, 24th Jan 2013 12:05 pm
  682. Tammy,

    When you file joint, you are joint and severally liable. If you have any doubts, it could not hurt you to do the injured spouse form.

  683. chelsea williams on Thu, 24th Jan 2013 3:04 pm
  684. We filed injured spouse last year along with Injured Spouse Allocation form. This is my debt, not my husbands. So I am expecting to get that letter after we file our taxes, even though they never notified us before. I joined the military and got out and 6 months later was told I needed to pay back 1800 due to a bonus I got. We are military and my husband was deployed 7 months last year. I’ve been looking for work and can’t find anything. I know 1800 is not much to pay if payments are paid, but we feel like we only have 2 pennies to rub together by the end of the month. Can we file for injured spouse again this year due to financial hardship? I’m trying to finish my degree but with all the moving around we do its hard to finish with colleges picking and choosing what credits they want to take. It’s all my husbands money so I’m not sure what to expect. What’s the best thing to say to ensure we will see a refund? Oh big question, can I file both forms with my 1040 or do I have to wait?

  685. Tracey J on Fri, 25th Jan 2013 6:30 pm
  686. My husband has been out of work for the last 2 years, he was cut off of his workers comp and now owes back child support. When I file taxes this year im seeing on the irs website that I can claim him as a dependent but will child support take what little refund we will have or should i file the form 8379. I plan on filing HOH he has no income for the entire 2012 calendar year. any suggestions?

  687. Michelle on Sat, 26th Jan 2013 4:01 pm
  688. Question…Cancellation of debt..Capitol One, not even sure where or why that happend, never got 1099c, 2 years later, after divorced, irs shows cancellation of debt from 2010 to my ex husbands ss #, in 2010 it was joint return. So, I am ready to file my taxes, I have a healthy return coming, but…I don’t want to pay for ALL of that (of which I have no idea what it is), it raised our tax by 4000. So, if I file innocent spouse, from what the IRS website says, while it is being decided I can go ahead and file my return and they will NOT hold any refund I have due…is this just a farce to take my money refund? I don’t want to have to fight to get my refund, I would rather have to pay my portion back to the irs, he wouldn’t get enough of a refund to cover this anyways. Help!!

  689. Jenny on Sat, 26th Jan 2013 5:07 pm
  690. I have student loan liens on my tax refunds from before I was married. Every year my husband has filed Injured Spouse and they keep like $400 towards the debt and refund the rest. My husband passed away in February 2012, I have since got on a repayment plan and the lien will not be lifted til September 2013. In the meantime can I file married joint and Injured spouse on my husband even though he is deceased? I read here that the IRS considers you married for the whole year when your Spouse dies. This is why I thought I might be able to still file him as an Injured Spouse and get the refund back minus the usual $400.
    Thank You,
    Jennifer

  691. Jan Roberg on Sat, 26th Jan 2013 10:16 pm
  692. Hi Chelsea,
    Since all of the refund belongs to your husband, he should file injured spouse. Send the form in with your 1040.
    On the other hand, if your refund is large enough–it might be a good way to just knock out that debt so it’s not hanging over your head any more. But if you’re really strapped for cash–file the injured spouse. Pay that debt when you get on your feet. Good luck.

  693. Jan Roberg on Sun, 27th Jan 2013 10:01 am
  694. Tracey J–
    STOP! It’s against the law for you to file as Head of Household. You cannot claim your husband as a dependent. NO! Don’t do it.

    File as Married Filing Jointly and claim injured spouse. Anything about claing a spouse as a dependent is on tax returns for foreigners. Are you an American? Is your husband? If you’re answering yes–don’t do HofH–it would be fraud.

  695. Jan Roberg on Sun, 27th Jan 2013 3:05 pm
  696. Hi Michelle,
    A couple of things here:

    First–you are no longer married so injured spouse is NOT what you want to do here.

    Now the IRS is holding you accountable for the cancelled debt because that was back in 2010 when you were married. You say you know nothing of the cancelled debt–there’s a posisbility of you claiming “innocent spouse” but just as a heads up, it’s really difficult to win an innocent spouse case. You are divorced now, so that’s a plus for you. But usually you have to prove abuse — filing the petition is pretty emotionally draining.

    So–what’s left? Are you on speaking terms with the spouse? You two could negotiate. Now, forgive me for being nasty, but if the debt is really his, this is what I’d do. Don’t file yet. Let him file first and let the IRS take his refund. They don’t care who pays the debt so long as they get their money.

    Next, were you and your husband insolvent at the time? Can you prove it? There’s a form–982 where you can reduce (and sometimes even eliminate) paying tax on your cancellation of debt if you can prove insolvency–that means that you owe more money than you have assets. If you were in bankruptcy–that would also work.

    File the 982 form after he pays his portion of the debt. That way, the tax is already paid before you go to file your return. Then, after that’s processed, you file your tax return free and clear.

    One more thing–I’m guessing that the IRS will take your refund if you file, but you might want to call them and double check that. If you just got an “oopsies” letter, they won’t levy your refund. If you’ve got the levy your refund letter–then you know for sure they will.

  697. Jan Roberg on Sun, 27th Jan 2013 3:12 pm
  698. Hi Jenny,
    I’m so sorry about the death of your husband. Now since your husband died in February, even if you could claim injured spouse for him–it wouldn’t help you much because basically most of his refund is no longer relvant–it’s all on you now.

    You will have your lien lifted in September. I recommend filing an extension and not actually filing your tax return until after the lien is lifted (but before October 15th). I’ve done that with other clients with student loan debt and it turned out just fine.

  699. Michelle on Sun, 27th Jan 2013 8:10 pm
  700. Thank you so much Jan. But it didn’t really asnwer my biggest question. First..a letter was sent to both of us saying we owed the debt, to his address (because that’s where we lived together), in June of 2012, didn’t say anything about a levy, but…the amount we owe is 4000, he could file first, but he won’t get more than 500 back, if any, because of early 401 withdrawl. I was only assuming they would take my return because they show “us” owing money. I was hoping to file the Innocent spouse, before I file my taxes, so that would stop any collection activity until a decision was made, then I could file my tax return and get my refund while the decision was pending. That was my major question, it actually states that on the IRS site, that when you file innocent spouse, it stops all collection activity, and they would not keep any refund you file during the process. Does that make any sense? Also, the site says that using that Innocent spouse form (which I have filled out and ready to fax) if you qualify for any of the other 3, one being insolvent, that they would automatically, using the info given on that form, choose which one is best for your situation. I read a lot, but I wanted someone to help me to make sure I was understanding it correctly. Yes, we were absolutely insolvent, no doubt about it. But I want to stop collection activity so I can file my taxes, then see what route to go. Thoughts?
    Thanks again for taking your time to help!!
    Michelle

  701. Michelle on Sun, 27th Jan 2013 8:23 pm
  702. A couple more things…the line you call to find out if there will be a tax offset…would the debt (4000) be listed on that line if they intended to levy refund? Because there is nothing for either of our SS #’s listed on that line you call. Also, like I said before, we basically recieved a “bill” saying what they figured we owe after the cancellation of debt was figured in. Don’t they automatically take your refund for any debt or do they have to notify you that they will levy your refund? We haven’t gotten any levy letters.

  703. Michelle on Mon, 28th Jan 2013 7:10 pm
  704. Spoke with IRS today regarding Innocent Spouse, she confirmed (after looking it up) that once this form is filed, all collection activity has to stop AND they cannot hold any refund while a determination is being made, she sounded surprised, but it is stated in their own publication of questions and answers for Innocent Spouse. Also, they didn’t have my federal tax bill listed on the FMS TOP #, but after waiting to talk with them, yep, my return would have been taken for offset without being listed on the offset line.

    Thanks again for all the time you take to help people!!

    Michelle

  705. Jan Roberg on Mon, 28th Jan 2013 9:44 pm
  706. Hi Michelle,
    Sounds like you were more help to yourself! Good research. Sorry, I was answering your question like it was for “injured spouse”–that’s what I was expecting here so I didn’t read your question with “both eyes.”

    Anyway, innocent spouse will stop the levy action–so go fax that form in right now!

  707. chelsea williams on Tue, 29th Jan 2013 6:02 pm
  708. Thank you Jan!!!

  709. Michelle on Wed, 30th Jan 2013 10:39 am
  710. Again, thank you so much Jan, for all the time you spend helping guide people to the place that they need to be. So…happy I found this website!

    Michelle

  711. Sherry on Sun, 3rd Feb 2013 6:45 am
  712. Hi there!! First, I want to say how very happy I am to have found this site, it is full of helpful answers:)
    I have a question about a pending tax refund…My husband and I have been married since 2001 and have filed a joint tax refund every year since although I do not have any income (besides SSI) and he is self-employed. We have 2 children together as well. I became totally and permanently disabled in 1999. In 1995, I went back to college briefly and took out a student loan. Needless to say, my health started becoming an issue in 1996 and I never finished. After I was diagnosed with a degenerative nerve disease, I contacted DOE and was advised to file for Forgiveness on the loan, which I did, and assuming it was taken care of, didn’t hear anything for years. Long story short, I checked our refund status on the IRS site and it says refund approved and deposit scheduled to be sent February 5, 2013. But underneath that there was a “Tax topic pertaining to your situation” link so I clicked on it and it gave me the publication regarding child support, other non- taxes owed information. I did some research and found a phone # to TOP and entered my Social Security # and it said I had an offset of $5,075.00, the amount of our refund!! I have received nothing at all prior to this so you can imagine my shock!!! My questions are these? Why, after all of these years, are they doing this? And what can I do? The entire refund is based solely on my husbands income as I had none!! Why is he responsible? I didn’t even know him at the time of the original student loan???? What should I do or what can we do? Can he file an Injured Spouse form? If so, can we file that electronically since we filed our return that way? BTW, we used the Taxslayer software. Thanks in advance for any help you could provide!!

  713. nikki on Sun, 3rd Feb 2013 9:45 am
  714. my question is my husband owes back child support and student loans before we got married ,he didnt work all year only me can they still take my taxes and if so what can i do to stop them

  715. Jan Roberg on Sun, 3rd Feb 2013 1:38 pm
  716. Hi Sherry,
    You will need to file the injured spouse form. Your husband is the injured spouse and you will have him claim both of your children as his dependents on the allocation form.
    You won’t be able to electronically file the injured spouse form now. Mail it in right away though.
    Why did that loan show up after all these years? I don’t know. I’ve seen some crazy stuff. Contact the loan office and talk to them. You’ll want that sorted out so this doesn’t happen to you again in the future. Good luck.

  717. Jan Roberg on Sun, 3rd Feb 2013 1:40 pm
  718. Nikki,
    file the insured spouse form when you file your tax return. The form number is 8379.

  719. Greg on Sun, 3rd Feb 2013 4:00 pm
  720. Me and my wife filed married joint and have one child my wife is a stay at home mother with no income.. We were supposed to get $5602 back and two days before it was deposited it said on IRS wheres my refund it was offset and only 1200 will be deposited. My wife has Students loan debt if I file the form 8379 will I be able to get the rest of the refund or am I out what I was originally supposed to get. the debt was made before we were married. We also live in ohio don’t know if that makes much difference any help would be awesome thanks.

  721. Sherry on Sun, 3rd Feb 2013 4:46 pm
  722. Thanks so much Jan :) I have downloaded form 8379 and filled it out. Says it takes can take up to 8 weeks to be processed (since our return has already been processed), I am sending it to them first thing in the morning:) I am keeping my fingers crossed it will be faster since our return was filed, processed, and, sent all within less than a week but I won’t hold my breath!! LOL I am also taking care of the loan problem ASAP so I won’t ever have to deal with this again! Thanks for your help and I will post back here to give you an idea of a time frame the form actually takes :)

  723. Latesha on Mon, 4th Feb 2013 4:46 pm
  724. Hello. Me and my husband filed taxes and they took all of it due to student loans my husband owes. Well im going to file injured spouse but i didnt work last year. We live in texas where i heard its okay if i didnt have any income to report. But excatly what percent would i get back since on the form you cant even add in the EIC? Also how long will it take to get a check back? Thank you in advance, La’Tesha

  725. Jan Roberg on Mon, 4th Feb 2013 9:16 pm
  726. Hi Greg,
    You definitely should file injured spouse. You’ll probably get everything.

  727. Jan Roberg on Mon, 4th Feb 2013 9:20 pm
  728. Thanks Sherry,
    Last year they got to be almost 12 weeks, but hopefully it will be better this year.

  729. Tina on Tue, 5th Feb 2013 11:08 am
  730. Thank you so much for making this forum available and up to date.
    I need to file form 8379 and the IRS has already approved my return. I know I am able to file this after the fact, but is there anything I can do before the offset occurs in two days when the refund is scheduled? If not, specifically on the form, I am having a hard time knowing which itemized deductions go with me (the non-injured spouse) or my spouse (the injured spouse). Is my spouse able to take the full itemized deduction we listed or do I need to allocate a portion to my spouse (e.g. income tax/real estate tax) and some to myself? Also, equally important, since my husband is the major financial contributor and I only worked a few months last year would he be able to claim all of our dependents (5 plus one for himself) and I just claim myself; or, do I have to claim at least one of our dependents? Any help would be greatly appreciated. We are in desperate need of at least my spouses portion to keep our mortgage lender from foreclosing on our home. Sidebar: I have entered payment arrangements with the collection agency handling my student loans, but not long enough to cancel the offset, which was misinformation from the agency. Unfortunately they advised me (verbally), that entering the arrangement would allow us to keep our refund.
    Again, thank you for any assistance you may be able to provide.

  731. Jan Roberg on Tue, 5th Feb 2013 8:22 pm
  732. Hi Latesha,
    I can’t tell you what you’ll get, but you should file injured spouse and you should get something. It will take about 12 weeks.

  733. Jan Roberg on Tue, 5th Feb 2013 9:34 pm
  734. Hi Tina,
    Have your husband claim all of the children. Allocate the deductions based upon where they need to go. Your state income tax to you, his to him. Split the house. Get it done as soon as possible. Good luck.

  735. Alishia on Wed, 6th Feb 2013 9:37 am
  736. Hello. My question is, I already filed my taxes as Married-But filing separate from my husband because, he is in default with his student loan and he owes back taxes, but h has an arrangement set up for that. Would i be able to go back and file a form 8379 before my taxes are refunded back to me? I have gotten confirmation that both my state and federal taxes have been received. I only worked for 4 months last year and I have a 3 year old son, but because i filed separate from my husband, I didnt get the full credit for my son. I am just wonderin woul this be the best way to get all of the credit for my son? Thanks!!

  737. lissette on Wed, 6th Feb 2013 3:42 pm
  738. hello….im so glad i came up on this site. My husband and I filed a joint return.(our first together) *were suppose to get back a nice amount. He is 100 % disabled with no taxable income. we were expecting our refund to be deposited yesterday but on monday morning i went to the wheres my refund site and got the notice my refund has been offset. my husband called the FMS and it stated they have kept the entire amount for his debt to Dept of education from over 15 years ago , alot longer than weve even known each other. I sent form 8379 priority mail on monday to the IRS. its expected to be delivered today. I have a daughter who lives with me but is not his biological daughter. my questions are since he had no taxable income what would you estimate my return will be? will it still be only a partial amount? and is there a possibilty i could be denied for the injured spouse allocation? thanks for all you do.

  739. lissette on Wed, 6th Feb 2013 3:44 pm
  740. one more question. are our tax refunds immediately released after offset to the dept of education?

  741. lissette on Wed, 6th Feb 2013 3:50 pm
  742. forgot to say we live in arkansas

  743. Sherry on Thu, 7th Feb 2013 12:35 pm
  744. https://www.facebook.com/groups/272344846175042/426327660776759/?ref=notif&notif_t=group_comment_reply

    If any of you guys have Facebook, this is a group that have similar experiences dealing with Injured Spouse claims. Alot of helpful info there :)

  745. tera on Thu, 7th Feb 2013 2:31 pm
  746. If it says “Your refund will be deposited on Feb 8, and there is a tax thing about the offset at the bottom, does that mean that I will still get my refund?

  747. Jan Roberg on Thu, 7th Feb 2013 8:49 pm
  748. Hi Alishia,
    You will want to amend your tax return and change it to MFJ and include the injured spouse form. You can’t just file the 8379 because you filed separately, there’s no need for an 8379. You have to amend to filing jointly first.

  749. Jan Roberg on Thu, 7th Feb 2013 8:52 pm
  750. Hi Lissette,
    I don’t have all the information so I can’t tell you what your amounts are. But, the important thing is that you need to file for injured spouse. You can claim you child as your dependent. You should bet most if not all of your refund. I doubt you will be denied.

  751. Jan Roberg on Thu, 7th Feb 2013 8:54 pm
  752. @Lissette,
    Your refund will be released after the offset, but give it some time.

  753. Heather on Fri, 8th Feb 2013 1:01 pm
  754. Do you know the flow of the injured spouse form through the IRS. Do they verify that your return is correct and the refund amount is correct and then send it to the injured spouse department? If that is not the process then do you know what it is.

  755. lissette on Fri, 8th Feb 2013 2:48 pm
  756. just found out today that since i efiled our return and then mailed in the IS form after the offset occured, that my refund was released to the department of education for my husbands debt. not just for me, but for everyone this is wrong any way you look at it!

  757. K in Texas on Sat, 9th Feb 2013 12:50 am
  758. I found out today that our full refund was taken for my student loans. I am a SAHM and had no income. My husband can file injured spouse and possibly get a little back. Is amending our return to MFS an option? MFJ refund = 1900 (all taken) MFS refund = 1600. We would get much more filing separately than he would from injured spouse. Is it possible to amend it and have it approved under these circumstances? Thank you.

  759. Darlene Dishong on Sun, 10th Feb 2013 2:00 pm
  760. Like so many others who have posted questions here I am frustrated and confused. I live in Michigan and got married early in the 2012 year. I have 2 children who are biologically mine (so there is a decent EIC involved). My husband stays home and takes care of the house and the children. All information on our taxes was based on my income and withholding. If we would not have gotten married I would have filed as head of household and he would not have filed at all. Unbeknownced to either of us he had some kind of back debt….the entire refund was taken to offset this debt. (He has now spent literally HOURS on the phone trying to track this debt down. The only thing that he has learned that it has something to do with unemployment. He cannot get any info on what year(s) the debt is from OR how much the debt is…….very hard for him to fight it that way) Anyway, I have elected to file form 8379, and that is what my question is about. Question #15 appears that I MUST use $5950 as my standard deduction instead of $11,900 (standard deduction for married filing jointly). I know If I do this it will HUGELY impact what my refund should be. This is what I don’t understand. I AM married………….my husband IS my dependent……….and I AM NOT responsible for this past debt. Can I enter $11,900 (standard deduction for married) on line #15 of this form 8379? Thank you…….I’m pulling my hair out.

    [...] as indicated in the remark below, the photo was published in a Mar 28, 2011 journal titled "Injured Spouse Relief." It was also printed in a May 5, 2011 blog titled "Online dating service options for [...]

  761. Jan Roberg on Sun, 10th Feb 2013 8:59 pm
  762. Hi Tera,
    Well it sounds like you will get at least some refund. You’ll have to read what it says to find out what the offset notice says.

  763. Jan Roberg on Sun, 10th Feb 2013 9:01 pm
  764. Hi K in Texas,
    If it makes more sense to file separately then do so.

  765. Jan Roberg on Sun, 10th Feb 2013 9:03 pm
  766. Darlene,
    Your share of the MFJ deduction is 5950. That’s what you put down.

  767. tiffany bowles on Mon, 11th Feb 2013 5:29 pm
  768. im so confused on this me and my husband filed taxes on the 30 of jan and was supposed to get our money on the 7 of feb but it said they was taken cause of some dept that neither of us new about so they said for my husband to do the injured spouse form cause it was in my name from years ago and we just found out today will he get his money back or what i dont know nothing about this i have never had to do something like this is it better for us to do seperate or what should we do ty for ur information

  769. tiffany bowles on Mon, 11th Feb 2013 6:01 pm
  770. oh and we live in wv does this make a difference im lost on all of this and no one is helping me please someone help me cause i think its bs that they are gonna take all my husbands money for something that is in my name

  771. Stacey on Mon, 11th Feb 2013 8:24 pm
  772. I have been reading your Q&A forum for hours trying to possibly find an answer to my question, but am not completely getting a complete answer. So, here goes. My husband and I live in a community property state. We just got married last year. I have past due student loan. We filed taxes on 1/31 this year. The website said we would get our return on 2/8. On that day I check our bank and nothing was there. I found a phone number for the Dept of Treasury FMS that you put in your social security number & they will tell you if you have any offsets to your taxes coming. Wish I had known that number a long time ago! I check it and there it says they offset our entire refund of over 6000$. *gasp* That is a terrible feeling expecting that much money & finding out you get none! So, I do some research and find the 8379 form. I filed it immediately! I know that you don’t know a formula for the community property states as I have been reading, but I am curious about what they will give back and what they can keep with regards to earned income credit and child tax credits. The reason I ask is because my husband is the only one who works. I did have $2600 of income on a 1099 of which I owed 248$ in taxes on. My husband has 3 children that are HIS not mine that he claims. Out of the entire refund the majority is the child tax credit (3000$), the EIC (2300) and then about 900$ in overpaid taxes. So, from what I am reading it can be 50/50 it can be other things. Knowing that the majority of his refund is the EIC and the CTC do they spare him of claiming that? I am trying to figure out if they did do a calculation of 50% if they would do 50% of the entire refund or just 50% of the amount he overpaid? Which would be about $450? And also, I had just got a letter from a collection agency last month for my student loans and called and made arrangements with them, so was absolutely shocked when I found out they offset the return! They also said if I made 6 payments with them my loans would be referred back to the DOE and I would be in good standing and could apply for more student loans and go back to school. I am assuming if that was the case they would not try to offset anything next year?

  773. annie on Wed, 13th Feb 2013 7:25 am
  774. Hello my husband was owing before we get married and now we filed married jointly tax return with my own child not his biological all the money was taken for his offset ,i did not work all though the year am on zero income but my child tax i filed form 8379 ,i read through everyone comment on here and you said i have to include that the child is mine ..but in the form 8379 there is no places thats says such to write that the child is mind …i want to know if i can make another 8379 and send or i wait am confused ,i just posted it yesterday pls enlight me thanks

  775. michell100 on Wed, 13th Feb 2013 10:02 am
  776. My husband and I filed MFJ as we do every year. I did not work at all this year Im a stay at home mom 2. there was an offset for the entire return because of my student loans. So my husband sent in a injured spouse form separet (because he didnt know until the day our refund was do) . On part 3 #16 shouldnt the # of exemptions be 3 injured spouse (for my husband and 2kids) and 0 under other spouse.

    We files thru terbo tax an it forced him to put 4 under exemtions insted of 3. does that sound right to you?

    And on line 15 should the 11,900 be divided or should it all go under injured spouse since i didnt work at all

  777. Nicole Gayles on Wed, 13th Feb 2013 8:05 pm
  778. So I have filed Form 8379 to try and get back a portion of our Tax return. I filed Married Joint and husband has defaulted loans. My question is do I have to file additional paperwork for State Refunds? We have a refund coming from two states. I lived in AZ and I’m expecting money back and my husband lived in CA and had a small refund.

  779. woody81480 on Thu, 14th Feb 2013 12:25 pm
  780. ? I did my taxes and found out the fms took all of it because of my wifes student loans. she made no money last year just a home maker. when i fill out the form 8379 will i get all my refund back i live in utah. or how do they do that.

  781. Jan Roberg on Thu, 14th Feb 2013 8:09 pm
  782. Hi Tiffany,
    If you have children, it is almost always better to file injured spouse. If you do not have children then it usually won’t make too much of a difference for you.

  783. Jan Roberg on Thu, 14th Feb 2013 8:11 pm
  784. Oh Tiffany, WV is not a community property state–that’s good for you.

  785. Jan Roberg on Thu, 14th Feb 2013 8:17 pm
  786. Hi Stacey,
    Being in a community property state does reduce the amount of your refund that you’ll be able to have. That said, you’re still much better off claiming injured spouse and getting something than getting nothing at all.
    If you make an arrangement to pay off your student loan and you stay current on your payments then you won’t have your refund offset next year.

  787. Jan Roberg on Thu, 14th Feb 2013 8:21 pm
  788. Hi Annie,
    On the injured spouse form, you claim the exemption for your child on your side of the form. That’s what says she belongs to you.

  789. Jan Roberg on Thu, 14th Feb 2013 8:24 pm
  790. Hi Michell,
    Your family has 4 exemptions. You are 1, your husband and your daughters count as 3. The standard exemption is split because half of it is yours even if you have no income.

  791. Jan Roberg on Thu, 14th Feb 2013 8:25 pm
  792. Hi Nicole,
    It all depends upon your state and if there is an offset in your state.

  793. Jan Roberg on Thu, 14th Feb 2013 8:28 pm
  794. Hey Woody,
    It all depends, although since your wife doesn’t work I suspect you will get all or most of your refund. Utah is not a community property state.

  795. Britt on Fri, 15th Feb 2013 8:22 pm
  796. I have read a lot of the post here. I have not been able to obtain a clear black and white answer as to who to allocate the exemptions to and what are the rules for allocation of exemptions. (each situation is unique) There are four exemptions the both of us and two children. Would splitting the children equally be good or should I give my husband one and me three? Thanks in advance.

  797. lissette on Sun, 17th Feb 2013 6:02 pm
  798. can you please explain the irs process when an offset occurs is applied to my husbands debt and they recieve my IS form after the fact? as of today the total amount of my refund is showing up as a payment on the dept of education website. how long does it take to get back once this has happened. My taxes were offset on feb 5th and they recieved the IS form on feb 8th.

  799. Earl on Tue, 19th Feb 2013 4:59 am
  800. Ok here is my question. My name is Earl and I live in Ohio and I been married about 10 years now. My wife was taking some college courses about 5 years ago. During this time she was in a serious automobile accident and was unable to return to school or work and is permanently and legally disabled. She contacted the financial institution about her not being able to attend school anymore and made them aware she was unable to re-pay her debts. They sent her forms to fill out to “prove” her disability. They told her and myself that once these forms were filled out she would have her debts basically wiped out due to the situation. Just recently within the last 6 months started to receive letters from a debt collection agency. This is the first I have ever seen from anybody about this, so I called this agency and explained the situation and they asked we submit paperwork again “proving” my wife was indeed disabled. So I faxed everything they asked to this agency and never received another notice. January 31st 3013 I filed my taxes electronically and get a notice of an offset. I figured ok it’s on me I know I owed a little in back child support which I planned would be offset. I;m thinking ok no big deal I’m caught up now. I come to find that the Financial institution my wife had her loans with and the agency that turned her over for collection took my entire refund was taken to pay the financial institution. Now I filed married joint and she has had no income for nearly 5 years now only collecting SSDI. Would I qualify for “Injured Spouse”?

  801. Earl on Tue, 19th Feb 2013 5:09 am
  802. Plus to add, I claimed my 2 children that live at home with us. My 3rd child is out of the home I did not claim and lives with her mother… Just to add to my info. Thanks

    -Earl

  803. julia R. on Wed, 20th Feb 2013 1:46 pm
  804. I wanted to file married-separate first because of my husband’s due child support But the tax-people told me that it is better I file jointly with an injured spouse allocation and wait (2 months) and I will get at least twice more than I would have received filing separate. My husband didn’t work in the year 2012 and I made all the income. I also have 2 dependents. The people that did the taxes for me assured me that I will get the whole amount back it just takes much longer time (approx. 2 months). I am still skeptical about getting it all back! I have read on some sites that you only get half back and the IRS keeps the other half for my husband’s dept. I live in North Carolina and I made all the money, so will I get it all back?
    I appreciate any answers. THank you

  805. julia R. on Wed, 20th Feb 2013 2:09 pm
  806. another question I have is. We are planning to move within the next 2 months. What if we are moved before my check comes in or infos? What can I do then? Even though I gave the people that did the taxes for me my routin # and account # for direct deposit they told me that they often don’t care about that and send you a check anyways….

  807. Jan Roberg on Thu, 21st Feb 2013 7:42 pm
  808. Hi Brit,
    Good question. I’m going to answer with another question. Who is the one with the debt? You or your husband? The person without the debt is the injured spouse. So, you want to allocate both children to the injured spouse for the maximum refund.

  809. Jan Roberg on Thu, 21st Feb 2013 7:49 pm
  810. Hi Earl,
    You are a perfect example of “injured spouse.” Fill out the form and mail it in.
    Good luck with the college debt.

  811. Jan Roberg on Thu, 21st Feb 2013 7:55 pm
  812. Hi Julia,
    North Carolina is not a community property state so you should probably get all of the refund back. It’s community property states where is gets cut in half. Those are Texas, Wisconsin, Nevada, Arizona, California, Idaho, Louisiana, New Mexico and Washington.

  813. Jan Roberg on Thu, 21st Feb 2013 7:58 pm
  814. @ Julia again,
    Also, make sure you let the IRS know you’ve moved. Here’s a link for how to notify them: http://www.irs.gov/uac/Moving-Soon%3F-Let-the-IRS-Know!
    There’s a form 8822. (The IRS likes their forms.)
    It’s a good idea to let them know, just in case they do send a check instead of using direct deposit.

  815. Angie on Tue, 26th Feb 2013 12:34 am
  816. Thank you so much for this informative post! Your replies to specific questions are priceless and have helped me find a solution to my/our tax issue. Thanks!!

  817. Alli V on Thu, 28th Feb 2013 7:19 pm
  818. Thank you for the article. In general, how do they calculate injured spouse? When you analyze me (injured spouse) and my husband’s situations individually, I would have owed money on my return and my husband would have received the refund. Will the IRS determine that my husband was entitled to the refund rather than I and still apply the overpayment to his debt? We live in Oregon

  819. Katalina on Sun, 3rd Mar 2013 5:25 pm
  820. Hi Jan! I went to a place to file my taxes and they filed an injured spouse allocation together with my taxes because of my husband’s due child support and student loans. Would you be so kind and let me know the steps if you know?
    Is there going to be anything in the mail anytime soon to notify me that they have received the papers? how am i going to be notified about when, if and how fast I will get my refund back? I just want to make sure they have really received everything and I don’t have to worry about them working on my case. I have filed 2 weeks ago and I still didn’t get anything in the mail from the IRS.

  821. Jessie on Mon, 4th Mar 2013 10:47 am
  822. My husband and I were married in 2004 and have always filed our taxes as married filing separately except last year was the first year we filed married/jointly. He owes child support arrears from a time he lost his job. So I filed the innocent spouse form and the refund came to me instead of the ex wife (which all the deductions belonged to me). Last November my husband passed away unexpectly. We have two small toddler girls that now I’m left to raise on my own. Nothing was ever in my husbands name, we always put everything in my name like our house is in my name. So there is no estate to divide when it comes to debt. I don’t want to deal with having to do an innocent spouse form again so I am doing our taxes as married filing separately. I did them last night but haven’t finished yet. So far I get a big refund back but for my husband he owes. I guess I am confused about what happens to the money he owes the IRS if he has no estate or money. As the widow am I responsible? I really do not want to pay it since I have two little girls to support. We live in Illinois. Can the IRS come after me for what he owes?

  823. Becky on Thu, 7th Mar 2013 9:21 am
  824. This forum is amazing!!!!! Question about getting the refund after filing the injured spouse form…If we e-file our taxes and the IRS offsets our return due to his back child support and I file the IS form after I see it was offset, what happens to the money that went to the ex-wife? If the IRS has already given her the money from our returns and I am entitled to get part of it back after filing my IS form, do they take that money back from her in order to give me my part of the refund? I’m just curious about how that works because once they put our return in her account, how would they get it back once I file the IS form? That’s the only part I am confused about at this time. This website has answered just about all my other questions. THANK YOU!!

  825. Jan Roberg on Thu, 7th Mar 2013 8:31 pm
  826. Hi Ali,
    Yes, you’re right. If your husband would have had the refund, the refund would be his and it would go towards his debt. Sorry.

  827. Jan Roberg on Thu, 7th Mar 2013 8:35 pm
  828. Hi Katalina,
    Generally they say it will take about 11 weeks to process an injured spouse return. I wouldn’t count on it to be any faster. Sorry.

  829. Jan Roberg on Thu, 7th Mar 2013 8:46 pm
  830. Hi Becky,
    That’s a really good question. What I’m hearing (and anybody out there with experience, please feel free to chime in)–what I’m hearing is that the money gets held and then a period of time is set to allow for an injured spouse claim to be filed before it’s actually distributed. At least, I’ve had calls from women who were supposed to receive the funds but didn’t because they were being held for Injured Spouse claims.

  831. Jan Roberg on Sun, 10th Mar 2013 7:09 pm
  832. Hi Jessie,
    I’m so sorry about the death of your husband. I think you should file jointly and claim injured spouse. As the spouse, you are responsible for your husband’s debts and I suspect his debt would be less if you filed jointly.
    I’m pretty sure that you will be absolved of his child support payments, but the IRS debt during the year in which he was alive and you incurred those debts together is not so clear cut.
    You should probably contact the IRS though for another opinion–I’m not convinced they will come after you, I just suspect that they would.

  833. Stacey on Sun, 10th Mar 2013 10:36 pm
  834. Thanks for your answer to my question! I found a facebook group that a lot of injured spouse filers are on and they have helped a lot too! I have read some of the stories where people in a cp state have actually received all of their refund back. One lady said her sister has got her whole refund back every year and she lives in WA. Another lady said that they always take 1100.00$, and another lady said that they only took 1/6 of her return being in a CP state. Also, there have been 6 people already that have gotten their direct deposits back this year!! So, it’s taking a substantially shorter time this year for the IS forms!! I will keep you posted and let you know how ours goes and how much and when we get ours back! Your forum is awesome to come to for advice. For any of those others that might want to join a group of people going through this same thing. Here is the link .https://www.facebook.com/#!/groups/272344846175042/

  835. charde on Mon, 11th Mar 2013 9:59 pm
  836. husband and I filed joint returns and we received a letter stating that a debt i owe caused an offset however i did not work in 2012 nd we didn’t get married until November of 2012 after the debt was accrued. If we file an injured spouse will the full 7000 be returned?

  837. Erica on Tue, 12th Mar 2013 12:44 pm
  838. I am trying to file the injured spouse claim in Arizona my question is are we a community property and Where do I sen the 8379 form in Arizona>? Thanks for your time

  839. Juli on Tue, 12th Mar 2013 1:31 pm
  840. hi Jan,
    I just received a letter with my refund saying 0. On the bottom explanation it said that it has been taking for my husband’s dept. I did file the injured spouse allocation with my files. Is that normal that I receive a letter from them saying that they took it? Am I not supposed to get a letter that said that they received my injured spouse paper? This is confusing me. i am a little bit worried now :-(

  841. Jan Roberg on Wed, 13th Mar 2013 9:47 pm
  842. Charde,
    I can’t say you’ll get everything because there’s always some issue I don’t know. But it sounds like you’ll get your refund. If you live in a community property state it will be cut in half though.

  843. Jan Roberg on Wed, 13th Mar 2013 9:55 pm
  844. Hi Erica,
    Arizona is a community property state. You will file your injured spouse claim to the same address that your federal return was filed. I’m guessing that you efiled so you don’t know the address, right? I have trouble with that myself. Here’s the address you need.

    Department of the Treasury
    Internal Revenue Service
    Fresno, CA 93888-0002

  845. Jan Roberg on Wed, 13th Mar 2013 9:58 pm
  846. Hi Juli,
    It could be that the injured spouse form hasn’t been processed yet. But, just to be on the safe side, I’d call the IRS to make certain. I’m guessing that you just haven’t been processed–but you should make the phone call to make sure. 1 800 829-1040. Yes–you’re going to be on hold for a long time.

  847. Angie on Wed, 13th Mar 2013 11:11 pm
  848. SoI should the entire 8 weeks after I mailed the IS form to contact the IRS, or am I able to call and confirm that they atleast have recieved it? Thank you for any info

  849. juli on Thu, 14th Mar 2013 2:04 pm
  850. i wil def. make that call but also yesterday my husband received another letter from child support saying that they took the state money. When I called the person that filed my taxes yesterday he said that they only save my federal taxes but not the state taxes. So the state money is gone for good. :-( Now I am worried! What if they do the same with my federal now. Online my federal says that it is still in process but state is finished.

  851. Erin on Fri, 15th Mar 2013 1:11 pm
  852. So if some of my taxes were taken for my husbands back child support and after we filed a return; I sent in form 8379. I noticed that she just got our lump sum child support payment. So how will that work; if the IRS determines I am owed a refund since it was all my money? The IRS isnt goign to make the baby mom give me the money back; so where will the money come from

  853. Tara on Sun, 17th Mar 2013 5:24 pm
  854. I was wondering after an injured spouse claim is approved and the injured spouse department closes your case for refund, how long does it take to get the refund? The IRS agent told me that they approved my claim and closed my case on March 7th. So all that’s left to do is issue the refund.

  855. Elisha on Mon, 18th Mar 2013 7:08 pm
  856. I have a question, Ok I filed the Injured spouse form cause my hubby owes money for child support and I didnt make any money this past year but I have a child I can claim! So I can still get a refund if I didnt work but Still have the add. tax credit? Thanks

  857. Connie on Tue, 19th Mar 2013 9:14 pm
  858. If I’m married but I filed with a head of household with our 2 children as dependents, received a refund, but now want to file an amended return. I worked the whole year, my husband worked none. I want to amend my taxes and change filing status to married filing jointly, but also file the injured spouse form because my husband has past due child support due. Once the IRS processes the form, since they only award a portion of the refund to the injured spouse, would I owe back what I received (what they may perceive as his part of the refund)? Although, I dont believe he would be due any refund because he had no income at all. I live in Florida, a non community property state.

  859. Connie on Tue, 19th Mar 2013 9:15 pm
  860. I meant filed AS head of household. Not including my husband at all.

  861. Micheal on Wed, 20th Mar 2013 11:49 am
  862. Question. My wife and I have 3 kids we claimed and were suppose to get $5300. Later I found out that they took it all for her student loans. Didn’t know about them. Only been married about 9 months . My wife is disabled and didn’t have a regular income. She was taxed on her SSI disability making our $6300 into a $5300 return. But she wasn’t going to get anything back. We have since talked to her loans and found out she shouldn’t be paying anything and should have had her loans forgiven do to her perminant disability status ( filling out forms not to have forgiven). My question is how much of the $5300 should I expect?

  863. Ashley on Wed, 20th Mar 2013 12:53 pm
  864. My husband received an email from Turbotax stating we elected to pay our fees out of our federal refund, but that they are showing his refund was offset due to back child support. they are saying we have two weeks to pay the fees now. We filed injured spouse, and called teh irs and they said they can’t tell us anything that it will take 11 weeks. My question is if turbo tax is saying my husband doesnt have a refund, shouldnt the IRS be able to tell me what the offset is, and how much longer should it take to get my refund. It was accepted on Feb. 15, 2013.

  865. Jan Roberg on Wed, 20th Mar 2013 9:30 pm
  866. Hi Angie,
    Go ahead and call to make sure that they’ve recieved it. You don’t want to wait for 8 weeks and find out they never got the form.

  867. Jan Roberg on Thu, 21st Mar 2013 8:44 pm
  868. Hi Erin,
    That’s a good question. I don’t know. Usually they don’t fund the back child support so quickly. But, that said, that’s not your problem, that’s the IRS’s problem. It won’t affect your getting your proper refund back.

  869. Jan Roberg on Thu, 21st Mar 2013 8:47 pm
  870. Hi Tara,
    another good question. Once a check is in the queue for payment, it used to take the IRS two weeks to process. But this year, things seem to be slower for everything. Expect it to take a month and be really happy if you get it any sooner than that. Let us know how long it did take. I bet other people would like to know the answer to that. Thanks.

  871. Jan Roberg on Thu, 21st Mar 2013 8:48 pm
  872. Hi Elisha,
    Yes, you should be able to qualify for at least some of the credit of not all of it.

  873. Jan Roberg on Thu, 21st Mar 2013 8:55 pm
  874. Hi Connie,
    A couple of things, but this is the most important one: if you are married and you lived with your spouse for even one day during the last six months of the tax year–then you must file as married–either married filing jointly or married filing separatley. If you claim head of household when you should be filing as married–that’s considered to be tax fraud.

    So–filing an amended return is definitely the right thing to do!

    Now–given the circumstances–you definitely want to file injured spouse as well.

    And–since your husband had no income, and you would be the injured spouse–you should be entitled to all of the refund. So–you should be okay. Whew!

    But definitely amend your tax return and do it before April 15th (that way that goes into the record as being filed correctly in the first place.)

  875. Jan Roberg on Thu, 21st Mar 2013 9:01 pm
  876. Hi Ashley,
    Yes, the IRS should be able to tell you what the offset is. It’s usually child support or a student loan. It could be a state tax debt.
    As far as telling you when you’ll get the refund–they did tell you. About 11 weeks. And that’s about as good as you’re going to get until they actually process your claim.
    Turbo Tax had the easy part–telling you you’re not getting your money.

  877. Jan Roberg on Thu, 21st Mar 2013 9:04 pm
  878. Hi Michael,
    It depends. If you claim all three children, and all the income is yours–well then, if you’re not in a community property state–then you’d probably get it all. If you live in a community property state, then you’d get half.
    I’m guessing, I obviously don’t know the whole story–but I’m pretty sure that’s what you should get.

  879. Tara on Sat, 23rd Mar 2013 5:03 pm
  880. Thanks for the help Jan! As a recap: they closed my IS case on 3/7 and they’re mailing my check out on 3/29. I was told if your getting it DD then it’s 2 wks for it to be in your bank account, and if you’re getting a paper check it’s 3 wks before they mail it. So hopefully that helps anyone else who has the same question. BTW.. WMR actually updated today and I filed the IS form separately after e-filing. :)

  881. Elisha on Sun, 24th Mar 2013 11:17 pm
  882. Thanks Jan! =))

  883. Katie on Mon, 1st Apr 2013 3:18 pm
  884. Hey Jan,

    Ok, So I had filed my taxed MFJ and got my tax return on 02/28/13. I was unaware about the Injured Spouse form until I received a letter from the IRS telling me that the other 3K of my return was taken for my husband’s backowed child support. I filed the form (by mail) seperately on March 4th 2013 and have yet to hear anything. When I called the IRS (and waited for over an hour) a lady rudely told me she could not tell me anything and that I’d have to just wait until i had received something or nothing at all. When I asked if the lady could even just tell me if she received the paperwork, she stated “no”. At this point I am at a loss on what to do. The OKDHS caseworker told me to file an Injured spouse form, so I did. I am trying to just find out if my paperwork was even received. Thank you for assistance. Oh, we live in the state of Oklahoma, my name was filed first, I had no debts, and I was the one who recieved all the deductions when our return was originally filed

    Katie

  885. Elisha on Tue, 9th Apr 2013 2:46 pm
  886. Ok I have talked with u before but, I filed with my hubby and he made all the money i had kids on my part also im not in a CP state and the IRS is giving me the run around they said im getting and im not and im getting and im not and so I called the IRS today and he said to call the offset place to see whats going on so i did and she said that she seen where my little check went to child support but dont see where my big check did but My TA said im not getting anything back at all! But last year i got it all back and it was the same thing last year as this year! I didnt work blah all that! How can they take my part for my hubbys back child support? What can I do to find out whats going on without getting the run around? I filed Injured spouse with my return on Feb 14th!

  887. T Hunter on Tue, 9th Apr 2013 6:25 pm
  888. My husband and I efiled with Turbotax again. We filled Injured Spouse Form. It was processed and sent Apr 3 t Dept of Ed. and he has always remain protected from my former debt. The IRS says to wait till 11 weeks up even though the dept of Ed has sent the offset letter and claims to have received the funds. Should I refile injured spouse form. May 12 is date told to call back but return was accepted February 2 according to Turbotax. What should we do?

  889. Jess on Sat, 4th May 2013 8:03 pm
  890. Question. My ex owes over 40000 in back child support. I just started getting the current order in January. Now that the CS enforcement stepped in they also sent the offset letter to the IRS. What’s the requirements on collecting anything from him this year? Not that I’m being greedy, but I’ve been supporting my 10 year old all alone without help. If I do receive anything what’s the time frame if his current wife has to fill out the IS form?

  891. alison on Sun, 9th Jun 2013 10:04 am
  892. hi jan,

    my taxes were acceptes on feb 21. i filed an injured spouse form because my husband has student loan debt. it is now june 9th. i have not received my refund. i have a tax advocate who says that this should be resolved in 10 days. the advocate told me this on june 3rd. i never received any letter and nobody at the IRS can tell me why it is taking so long. I live in Ohio. Can i really expect this to be resolved in 10 days? how affective are the tax advocates?

  893. Jan Roberg on Mon, 10th Jun 2013 9:03 pm
  894. Thanks Tara!

  895. Jan Roberg on Tue, 2nd Jul 2013 9:42 pm
  896. Hi Alison,
    I apologize for taking so long to get back to you. I’m kind of back-logged here. And so is the IRS. Hopefully, you’ve already gotten your refund, but if not it’s because they are so overwhelmed.
    I’m finding that even a simple phone call using my special “practitioner priority line” has me on hold for over an hour at a time.
    The taxpayer advocate is a wonderful service and they do the best they can in a situation. That said, they can’t get blood from a turnip. If the backlog is that bad–they might not be able to force the issue. But if they told you 10 days, I’m thinking (hoping?) they were in a position to help you and you’ve already received your refund.

  897. Jan Roberg on Sun, 14th Jul 2013 7:55 pm
  898. Hi Katie,
    I’m sorry you got treated so badly by the IRS. I’m hoping that by now you’ve received your refund. If not, you need to call again and follow up. If you get treated badly, you need to ask to speak with a supervisor.
    Do make sure you get transferred to the injured spouse division before you start asking questions–they know what’s been received and what hasn’t. (And they’re usually nicer!) But, you may have gotten the rotten tomato. Or maybe she was having a bad day. Sorry about that.

  899. Jan Roberg on Sun, 14th Jul 2013 8:07 pm
  900. Hi Elisha,
    Sounds like you did get the run around. Maybe you had Katie’s lady.

    I’m going to give my “talking to IRS agents” talk. Maybe this will help, maybe not.

    Rule number one: when you call the IRS, be prepared to be on hold for about an hour. Have something else to do while you wait. Rule 2: use your best Sunday school manners. Please and thank you go a long way. Rule 3. Make sure you get their name and ID number. If you don’t catch it, make sure you ask for it so that you can write it down. I find that if you let them know that you’re writing their name and ID number down, they are sometimes a little more careful about what they tell you. (Example: I once had an IRS phone person give me information that I knew for a fact to be incorrrect. I asked for her name and ID number so that I could put in with the tax return and I had a supervisor on the line so fast my head was spinning.)

    Now, if that doesn’t get you anywhere, you may need to ask to speak with a supervisor.

    Bottom line, they should be able to say yes or no as to whether your injured spouse form has been received. And, if you were denied, they should be able to explain why. If not, then they should be able to turn if over to someone who can or you should get something in writing.

  901. Jan Roberg on Sun, 14th Jul 2013 8:09 pm
  902. Hi T Hunter,
    The Department of Ed probably had the offset immediately while it takes about 12 weeks for the injured spouse form to be processed. I’m thinking you just got a standard form letter. Wait for your injured spouse paperwork to finish up.

  903. Jan Roberg on Sun, 14th Jul 2013 8:13 pm
  904. Hi Jess,
    I’m not sure how it works from the other end. I’m really good at the injured spouse side, but I don’t know about how it works on the receiving side. A friend of mine (who receives child support) said she waited for ages for her ex’s new wife to file for injured spouse–but I think it’s different depending upon what state you’re in as well. Sorry.

    [...] as indicated in the comment below, the photo was published in a Mar 28, 2011 blog titled "Injured Spouse Relief." It was also published in a May 5, 2011 blog titled "Online dating service options for [...]

  905. gregory on Sat, 18th Jan 2014 7:50 am
  906. My wife owes a stundent loan that was offset we did injured spouse form and she is disabled she filled out disabled form and was approved for it do we need to do injured spouse form still and how do we found out if disabled form is the system and the irs will not take my refund

  907. Jan Roberg on Sat, 18th Jan 2014 10:26 am
  908. Hi Gregory,
    You will need to file the injured spouse form every year until the student loan issue is cleared up. Otherwise your refund will be taken to pay the student loan. Sorry.

  909. gregory on Sat, 18th Jan 2014 4:16 pm
  910. hello this is Greg again we had called Department of Education they said her loan has been discharged we talked to a lady on Friday night I forgot to tell you so do I need tp still to fill out injured spouse form even though her loan was discharged

  911. gregory on Sat, 18th Jan 2014 4:25 pm
  912. And when I called the department of tresaury sysytem it say offset that was in 2013 feb thats when she filled discharge disibility even thought they are saying she jas been discharge and ows nothing tresuary is saying something else its been a year since she was approved and owes nothing why is the tresuary saying something else

  913. Jan Roberg on Mon, 20th Jan 2014 9:09 pm
  914. Hi Greg,
    If the loan has been discharged, you should be fine and should not have to flie as injured spouse.

  915. courtney on Mon, 10th Feb 2014 1:41 pm
  916. hi there jan, so my husband and i filed injured spouse for the first time this year. i owed student loans before we were married. is there anyway we can call and tell the irs we do not want to participate in it. i only owe 4,000 and i would rather them just take the money than wait 11 to 14 weeks. or could it take a shorter amount of time because its so small? also when i call it says it has been excepted and i should get it back in 21 days? what is that all about?

  917. Jan Roberg on Mon, 10th Feb 2014 10:01 pm
  918. Hi Courtney,
    The IRS has cut back on staff so much that about all you’re going to get is a computerized answering machine. What the voice said was that your return as accepted–meaning they will process the return your sent them. Sometimes they reject a return and you have to fix it and resend it.

    They’re telling everyone that the refund should take 21 days. Your’s will take longer. Even if you manage to get through to a human being and change the status–it will still delay your refund. I’d just wait this one out and when you do get your money-go ahead and pay off that debt. Then you’re done with it and won’t have to wait anymore.

  919. Lynn Johnson on Tue, 11th Feb 2014 11:42 am
  920. Hello jan, I have a question for you. My husband and I filed our return on january 2nd and our state came in and then it said our federal was begging held by the us department of education.. witch I compleatly forgot I even had that loan.. my problem is they took my entire federal witch was 7,270.. and 99precent of that money is my husbands.. I only made 2500 last year.. and only paid in 16$ in federal taxes.. he made over 65,000 and paid in more then 9,000 in federal… so I called around and filled out the injured spouse for him..and we sent it in last night. My question is, I live in wisconsin.. we have 3 children when I filled out the p apper I put that he takes care of all of them (obviously) but is it true since I live in a communal state we will still only get half of the refund back? If any? Even tho its almost all his money ? And how long should it take to see if he is approved? And will it show on line when they have received this form? And reviewed it?

  921. Lynn Johnson on Tue, 11th Feb 2014 6:06 pm
  922. Hello jan, i have a question. my husband and i filed MFJ this year on our taxes.. and when they were sent out they said they would be in my bank by today.. well guess what.. turns out i have a debt threw the us department of education. ( i compleatly didnt know about)well i called them and they told me to do a Injured spouse form.. and when i started looking at this. my question is.. my husband made all the money last year.. except 2500 witch i made and they only took 16 dollars out in federal taxes. my husband made over 65000 and they took out over 8000 in federal. our total return was 7200. i know since i live in a communal state ( wisconsin) the rules are different. so does that seriously mean he will only get back 3,000?? because of my debt?? we have 3 children that when i filled out the papers i put on his side. i am so upset about this because like i said it was his money. and this loan was from 2006?? before we were married.. and i sent this form in yesterday to our local IRS witch is only 40 miles away. so when can i find out if they got it? or how do i find out if they got it? when can i call and see if they recived it and if he even got approved for it? if you cant tell i am very stressed out about this.

  923. Jan Roberg on Tue, 11th Feb 2014 8:16 pm
  924. Hi Lynn,
    It’s so stressful when you’re expecting a refund and then you get that notice form the IRS. I feel for you.

    Since Wisconsin is a community property state it will reduce your refund because even though your husband earned most of the income and most of the deductions–in a community property state it’s half yours. Hence, according to the IRS, half can go towards your debt.

    That said, you were smart to allocate the children to your husband. That was the right thing to do.

    You will not be able to follow up on your return online. It’s been pulled from the standard tracking so ignore the “Where’s My Refund?” button.

    Normally I say expect the IRS to take 8 weeks to process your refund. Now, it’s tax season again and it’s busy, and there’s all sorts of talk about staff cuts and delayed refunds so don’t hold me to that time frame.

    Wait for at least two weeks before you call to see if the injured spouse form was received.

    Now, you said you mailed it to your local IRS office. Is that the address on the instructions on your regular tax return? It’s really important that you mail your injured spouse form to the same address as where your original return was filed–even if you e-filed the return.

    Also, did you attach your W2s? That’s also important. If you didn’t mail your form to the right place or attach your W2s, you might want to resend it.

    You said you sent the form only 40 miles away, but I’m thinking that you should have sent your form to Fresno, California. I could be wrong about that, which is why you want to check your filing documents, but do make sure the form went to the correct address.

    Good luck.

  925. Yolie on Tue, 11th Feb 2014 10:45 pm
  926. I’m filing on turbotax, in texas. Im filing a injured spouse form, my husband had no income for all of 2013, I worked all year. I’m not sure what I should be putting in the allocation part of the form, especially since he did not get any income (it’s all mine) . Also im not sure what to put on the personal exemptions part. should i leave it all blank?? Please help! it’s a bit frustrating. By the way I have no kids so I’m not getting any of those credits.

  927. Lynn Johnson on Tue, 11th Feb 2014 11:08 pm
  928. now i am really confused… :/ i wasn’t sure where to send the form and when i Google it. it said to send it to your local irs office. and that was the closest one to us. how do i know where to send it then? i e-filed threw hr block. and i don’t see a address anywhere on the paperwork… also i needed to send the w-2′s with it?? i never heard this.. or read it anywhere it said to just send the form. i filled out everything ssn.. income for each …taxes for each.. dependents for each.. i also made sure to put the names in the same order as on the taxes. ( i saw that was a big thing to do.) no where did i see i needed to send in w-2′s…. where on my taxes would it show me the address?

  929. Lynn Johnson on Tue, 11th Feb 2014 11:14 pm
  930. The only place it says mailing address this is what it says..

    Since you are filing your return electronically and you chose
    Mailing to use an electronic signature, you do not mail your return.

  931. Jan Roberg on Wed, 12th Feb 2014 8:39 pm
  932. Hi Yolie,
    You may as well just file as married filing separately. You’d get the same amount doing that as filing the injured spouse form and you’d get your refund much faster.

  933. Jan Roberg on Wed, 12th Feb 2014 8:46 pm
  934. Hi Lynn,
    Why didn’t your H&R Block person do it for you? They have all the information. Here are the instructions for the Injured spouse form: http://www.irs.gov/pub/irs-pdf/i8379.pdf
    The mailing address for Wisconsin tax returns is:
    Department of the Treasury
    Internal Revenue Service
    Fresno, CA 93888-0002

  935. Dan on Wed, 12th Feb 2014 10:51 pm
  936. Hello. Yesterday we were made aware our refund, both Federal and New York State, were being claimed due to my wife’s student loans from 2006.

    I filled out and mailed form 8379, sent to Kansas City, and filled out form IT-280 for New York, and mailed it to the address they stated in their notification letter.

    Question is, we had filled electronically for both, and based on what I read all I needed to do was fill out form 8379, and send it in alone. Is this correct? Also, any idea of when I will actually get the refund from the IRS or NY?

  937. Jan Roberg on Thu, 13th Feb 2014 9:55 am
  938. Hi Dan,
    I’m hearing that you should send your W2s in with the 8379. (Yes, technically they have your W2 information already, but sending copies of the W2s is supposed to speed things up.)

    I’m told 8 weeks if you mail the 8379 after filing. (But the IRS has been slow lately so don’t count on that 8 week time frame.

    I have no experience with injured spouse claims in New York. Do any readers have that information? If you have experience with New York, please post it. Thanks.

  939. Peggy Sue on Thu, 6th Mar 2014 8:47 pm
  940. I filed injured spouse because my new husband had past debt with the IRS. I just received a letter from my state (Missouri) stating my state refund was sent to the IRS for ‘debt offset’ for my husband. I thought injured spouse protected me from that? Any answers for me? Highly frustrated. Of course my federal refund is still being processed which I expected but the State Revenue taxation division sent MY money off to the IRS!

  941. Marie on Sat, 8th Mar 2014 3:53 pm
  942. Hi Jan…my question is when you find out that you have an offset due to a student loan, does it matter whether you file an injured spouse 8379 form or whether you choose to file an amended return form 1040X. The reason to file the amended return is for state tax return refund

  943. Jan Roberg on Sun, 9th Mar 2014 9:55 pm
  944. Hi Peggy Sue,
    Your federal injured spouse should protect you. In Missouri, they don’t call it injured spouse, they call it “non-obligated spouse”. If you filed as a “non-obligated spouse” spouse in Missouri–they will still confiscate your refund if the debt is to the IRS.

    I know, that sounds totally screwy, but that’s what they do. If you read the Missouri instructions, it’s on page 6: http://dor.mo.gov/forms/MO-1040_Instructions_2013.pdf

  945. Tom on Mon, 10th Mar 2014 9:10 am
  946. Hi and thank you for providing this service! My wife and I are in NY. She doesn’t work, she had a old student loan from before our marriage that she defaulted on. I recently filed a Joint return and they took $8k out of my refund. I am working on getting form 8379 completed, but was wondering if I will get back all of that money are just half? Thank you so much!

  947. Jan Roberg on Sun, 16th Mar 2014 7:26 am
  948. Hi Marie,
    My gut reaction is that you want to file the injured spouse form.

    But I’m confused about the state tax return refund–is that a completely separate issue from the student loan offset?

    If the 1040X is only about the state–definitely file the injured spouse form separately. If the 1040X changes your federal tax—then I’m wishy-washy here. I’d want more information first.

    My best guess is to file the injured spouse first, get your money, then amend. But if the amendment is going to make you owe more, maybe skip the injured spouse and go straight to the amendment.

    If the amendment is only for the state–don’t file a 1040X, just the state amendment.

  949. Rodney on Sun, 16th Mar 2014 6:30 pm
  950. my wife and I found out she owed a student loan debt and it defaulted and they took our refund as offset….she was only one responsible for debt.. i filed an injured spouse claim at the same time i filed a paper return… i got letter in mail that they took refund to pay her debt and the letter said they would be sending refund to pay debt on a certain day… what happened to injured spouse claim? will they still send my refund or will they wait until injured spouse claim is finished? thanks for any help

  951. Sandra Tanner on Mon, 17th Mar 2014 9:57 am
  952. My now ex-husband was convicted of Tax Evasion, the IRS found me to be an “innocent spouse’, they sold 2 homes and property that we owned jointly, how do I get them to pay me my half of the money?

  953. Jan Roberg on Sun, 23rd Mar 2014 7:40 pm
  954. Hi Tom, Since New York is not a community property state, then you’ll probably get most, if not all, of your refund back. The quick and dirty way to check is to prepare your return as married filing separately. Assuming the children involved are all yours, you would put the kids with you for tax credits. That’s pretty much how it works.

  955. Jan Roberg on Sun, 23rd Mar 2014 9:39 pm
  956. Hi Rodney,
    if you filed the injured spouse claim with the return, I don’t understand why they took the refund. If you efiled your return, then filed the injured spouse, then that’s different. It will take some time to process.

    I figure it’s worth a phone call to the IRS to follow up on what’s going on.

  957. Jan Roberg on Sun, 23rd Mar 2014 9:43 pm
  958. Hi Sandra,
    Your problem is out of my league. I’m thinking you should talk to an attorney. If the IRS sold those homes and took the money before they granted you “innocent spouse” I’m not sure there’s much chance of getting that money back. (Once they’ve got the money, it’s much harder to get it from them.)

    But do consult with a tax attorney. Sorry I couldn’t be of help.

  959. laura on Mon, 24th Mar 2014 12:40 pm
  960. Hi there, my husband and i e-filed a joint return. We knew i had back child support coming out of it but i only owed 2 grand and our refund was 10. The day before the wmr tool said we were expecting the deposit i called th e setoff program to make sure they were offsetting that 3 grand because wmr wasnt showing the refund. Turns out my school loans had gone into default and they offset for the remainder of the money so my husband filed the injured spouse form on feb 12th. I called the irs today and they said a case was opened on march 8th and that the case should be coming to a close later this week. My question is perhaps i was confused or the agent was confused. Is it 45 days from me taking my form to my local irs office or 45 days from the case being opened

  961. David Triplett on Mon, 24th Mar 2014 2:02 pm
  962. My wife submitted a Form 8379 about a week ago. I understand the processing time but am wondering if we can follow up with them to insure they received it. We were advised to send it to the Federal Treasurer’s office to the local office in Denver. We called them and they advised that they don’t handle that and we needed to contact the Department of Revenue. They are giving us back to the IRS. Who can we simply follow up with to insure that they received the forms? And possibly a status?

  963. Mia on Tue, 25th Mar 2014 11:09 am
  964. Where do you actually send the injured spouse claim? I live in GA and have been searching to find an address, but keep coming up short.

  965. Randy on Fri, 9th May 2014 8:44 pm
  966. My wife is a stay at home mom we filed jointly, mine is the only income and we are on section 8 etc. my school loan defaulted and lost the full federal refund. Was told to try filing an injured spouse form for my wife to get back some for her and our 3 kids. Since there is earned income credit and breaks for the children feel as if she should be able to get some back since it’s not her loan, and she doesn’t have any income. Do we split all halfway on allocation sheet or how do we fill it out?

  967. Andrew S on Mon, 19th May 2014 1:03 pm
  968. My wife passed away in January 2013. For certain reasons, I was not able to file our 2012 return until October, where she was denoted as deceased. The refund came back in my name only. For 2013, I filed taxes Married/Joint, with deceased taxpayer, and an Injured Spouse form (I have been doing this for a number of years due to some old student debt from before we were married). After I filed 2013, a letter came to my wife’s name with the Forgiveness of Debt forms for 2013, dated and mailed after she had passed, yet addressed as if she were still living; she was, in fact, intestate. I did not even realize this was something that would have happened, and was a bit surprised. I have been waiting for the processing for two months now, and am a little curious as to your take on how complicated this actually is…4E

  969. Jan Roberg on Sun, 25th May 2014 11:03 am
  970. Hi Andrew,
    I’m sorry about the death of your wife. Taxes are difficult enough without having to add grief to it.

    So had you gotten the 2013 cancellation of debt forms before you actually filed, it would have made sense to file your return as married filing separately. But now that you’ve already filed jointly, you can’t go back and file separately–which would have been the best option.

    Because you filed jointly, that 1099C income will have to go on your tax return. You will probably have to pay tax on it. (The injured spouse status won’t get you out of that.) But you may be able to reduce some of the tax debt. Read this blog post: http://robergtaxsolutions.com/2012/09/how-to-report-debt-forgiveness-1099c-on-your-tax-return/

    You may be able to use for 982 and claim insolvency–at least for part of that debt.

    So it looks to me like you’ll need to file an amended return, maybe file form 982 (hope so anyway), and there may be some additional tax due.

    It’s probably worth calling the injured spouse division and following up on your case. Explain that you’re going to need to amend the return and see how they want you to proceed.

  971. Jan Roberg on Sun, 25th May 2014 4:43 pm
  972. Hi Laura,
    hopefully your case has already been solved. Sorry I’m so late responding, I fall way behind during tax season. Generally, they mean 45 days from when the IRS says they opened the case. That said, things have been backed up considerably so it could take longer.

  973. Jan Roberg on Sun, 25th May 2014 4:49 pm
  974. This is for David T–
    When you mail in your Injured spouse form, it’s supposed to go to the IRS office that you would have mailed the return to if you hadn’t efiled it. I’m sort of thinking that you might live in Colorado so your Injured spouse form should probably have gone to Fresno California.

    If you haven’t already done so, I would call the IRS to follow up on your return. Make sure you explain upfront that you are calling about an injured spouse claim so that they send you to the right department–otherwise you’ll get a run around.

  975. Jan Roberg on Sun, 25th May 2014 4:55 pm
  976. Hi Mia–
    you asked where to file an injured spouse claim. Here’s a good link for that: http://www.irs.gov/uac/Where-To-File-Addresses-for-Tax-Professionals

    Because you live in Georgia, you would file your injured spouse claim at Department of the Treasury
    Internal Revenue Service
    Kansas City, MO 64999-0002

  977. Allison on Wed, 4th Jun 2014 7:39 pm
  978. Hi I filed an injured spouse return after mine was taken to cover new husbands debt. Found out today through IRS my injured spouse refund was take too. How can this happen

  979. billie w on Sun, 29th Jun 2014 12:27 pm
  980. H &R Block filed my husband and I taxes and they filed the injured spouse form for the federal and was suppose to fille the form for the state. However I got a letter from the state they keep the refund for a federal tax lein of mine. Now the tax lein is for a debt prior to our marriage. And H & R Block admitted they did not file the injured spouse form however amended the tax return, However the state of missouri said they already sent the taxes to the federal and there is nothing they can do. The federal said the state has to take care of it. What do I do? Im getting the run around from the state, federal, and H&R Block.

  981. Jan Roberg on Sat, 5th Jul 2014 3:23 pm
  982. Hi Billie,
    I hear you loud and clear. Once the state or the feds grab your money from a lien, getting it back is almost a lost cause.

    Now since you do have an injured spouse claim, there’s a possibility that you might get your money, but I wouldn’t hold my breath.

    At any rate, it’s going to take weeks–several weeks.

    H&R Block did amend your return, that’s what they should do. If you are notified that indeed you will never see your money from the state, then you may have some recourse with block. They won’t pay you your refund, but you might get a refund on what you paid them for the tax prep. But that’s about as good as you’ll get there.

    On the plus side, you’ve at least paid down the debt a little. I know, it doesn’t help much, but that’s about as good as it’s going to get. Sorry.

  983. Jan Roberg on Sun, 6th Jul 2014 9:29 am
  984. Hi Allison,
    You filed your return, the IRS took your money. Then you file for injured spouse and the IRS is still keeping your money. How can that happen?

    Basically–it means the IRS thinks you owe them money. One way or another. Here are some possibilities:

    1. You have some type of outstanding debt also like a student loan.

    2. The refund that should have been with the tax return would have been attributed to your husband and not to you therefore, the IRS keeps it.

    3. You may have filled out the paperwork incorrectly.

    I’m guessing you did the paperwork right, and it’s more likely number 1 or 2. But every so often I find that someone did do the paperwork wrong and they need to resubmit it. Make sure you double check.

  985. Jan Roberg on Sun, 6th Jul 2014 6:23 pm
  986. Hi Randy,
    since all of the income is yours, it’s highly unlikely that your wife would get any refund back at all since she didn’t earn any of the income and didn’t pay any of the tax. The only exception is if you are in a community property state where half the your income is hers also. The community property states are:
    Arizona
    California
    Idaho
    Louisiana
    Nevada
    New Mexico
    Texas
    Washington
    Wisconsin

  987. Kim on Mon, 14th Jul 2014 2:16 am
  988. Im curious on a few things. I filed an injured spouse form back in march. I did not make any money only my husband did. The offset was due to his student loan. We have 3 children and live in texas. And he is considered self employed. With all the info i have given you am i looking at getting the full refund, partial, or none at all. Ive called the irs several times and they said they are still working on my case and other times they say no one has even started my injured spouse… Am i waiting on nothing??

  989. Nicole on Wed, 16th Jul 2014 10:58 am
  990. I need advice. I am looking forward to being married the end of this year. My fiancé has outstanding medical bills and child support arrears. How will this affect my tax return and can my paychecks be garnished do to this? This are all issues that he had prior to us being together 5 years ago. I am just worried the funds that I have and may gain will be at risk. I already have people telling me that the government will take my funds if they are unable to retrieve anything from him. Is this true? Please help. I don’t want my marriage to have this kind of stress.

  991. Nicole on Thu, 17th Jul 2014 7:43 am
  992. I posted a question yesterday, checked today for a response and noticed it was deleted. Is there a reason why?

  993. Nicole on Mon, 21st Jul 2014 7:18 am
  994. Good Morning Jan .Just inquiring to see if there was a response to my question. It seems the only way I can check my question or response is if I put a new comment. I’m not sure if it is an error on my end.

  995. NICOLE on Mon, 28th Jul 2014 8:17 am
  996. Follow up

  997. nicole on Thu, 31st Jul 2014 1:11 pm
  998. Just a Follow up

  999. Jan Roberg on Sun, 10th Aug 2014 2:40 pm
  1000. Hi Kim,
    my best guess is that any refund that would have been coming to you is yours and not your husband’s because of his self employment. Without seeing the return, I can’t honestly say. But, I don’t think you’re wasting your time filing for injured spouse.

  1001. Jan Roberg on Sun, 10th Aug 2014 2:44 pm
  1002. Hi Nicole,
    You are marrying debt and a man who has not paid his child support. Take a good look at that. Maybe he’s past all that, maybe he’s a really good man and there’s a reasonable explanation as to why he doesn’t provide for his children.

    That said, you can expect to have the IRS take your tax refund money every year for the rest of your life until this is settled.

    If you marry him, I recommend filing separately until the debt issues are taken care of.

  1003. Jan Roberg on Sun, 10th Aug 2014 2:45 pm
  1004. @Nicole,
    I don’t delete the questions, I’m just way behind on answering. They don’t get posted until I manually approve them, otherwise you get all sorts of junk about buying love potions from some witch doctor and fake Prada shoes.

  1005. Jan Roberg on Sun, 10th Aug 2014 2:47 pm
  1006. Okay, okay, sorry but my office is really small and we’ve been busy. The IRS changed some rules and the phone’s been ringing off the hook since June. (Nothing to do with injured spouse though.)

  1007. Dawn on Fri, 22nd Aug 2014 10:39 pm
  1008. I filed an injured spouse allocation form for 2010, 2011, & 2012. I received my refund checks all in my name. Please note that my entire refund for all three yrs was made up entirely of the Earned Income Credit. Also, I was the only one who earned any income for those three yrs. Because of those two facts, several IRS agents have told me that although I live in California, a community property state, that Earned Income Credit is the only thing that is not considered community property. That you actually have to work to get the credit. When I asked the IRS for that in writing they told me to visit their website and I could locate it myself. Well, that’s not so easy to do. Its like reading a foreign language. Could you be of any assistance. Its imperative that I get documentation to support what the IRS told me. Thank You!

  1009. Jan Roberg on Sun, 24th Aug 2014 12:57 pm
  1010. Hi Dawn,
    The documentation is here:

    http://www.irs.gov/pub/irs-pdf/i8379.pdf

    Look at page 2 in the upper left hand corner. The the bottom of the paragraph it says the the earned income credit is allocated to each spouse based upon each spouse’s earned income.

    That’s your proof right there.

  1011. Dawn on Sun, 24th Aug 2014 9:54 pm
  1012. Jan,

    Thank you so very much. This helps me immensely.

    -Dawn

  1013. randa on Tue, 2nd Sep 2014 12:44 pm
  1014. HI, I am terrified and I can’t find answers?? I signed for the mail about 2 months ago, I noticed the top letter was from the IRS, but I haven’t worked in years (chronic illness), so I just laid the pile of mail on the table and when my husband got home he opened it. Now, 2 weeks ago I overheard him on the phone giving my name and SSN to someone, then he set up a payment schedule. When he hung up the phone I asked him why he was giving someone my SSN, he said it’s for the IRS payments. I had NO idea what he was talking about so he showed me the letter I had signed for weeks earlier. I still seen ONLY his name so I asked him WHY do they need my info since I only file so my husband can claim me as a married/dependent since I can’t work and my health issues can sometimes be costly to him. Husband said there was another letter from the IRS in that pile of mail and it had my name on it. So I opened the letter and sure enough they are holding me accountable for my husbands greed!! He filed for his 3 kids tax credits in 2011 because the guy at the IRS said he passed the “tie breaker test”?? I have no kids, I didn’t know there is some kind of tax form for the ex spouse for child tax credits. I found the injured spouse form but my husband(is NOT a nice man), said if I send it in he will be BLAMED automatically and forced to pay for all of the returns he claimed on the kids!! He said its to late to send it now anyway because the first letter from the IRS actually came last summer (he then gave me an unopened IRS letter in my name from early 2014) and said as far as the IRS is concerned, they have notified ME many times!!! I said I would try to send it anyway since I will never be able to pay it back and he said if I do that he will be held liable for it and he will stop taking care of me all together, no food, no medications, no doctors, no more surgeries……I am so afraid, I wanted to divorce him last year but as soon as the attorneys heard me say I have no money and can’t borrow it they just ignored me. I married my husband in June 2011, he filed the taxes in 2012 but told me he was the TIE BREAKER and was therefore entitled to file since his ex would NEVER sign a release for child tax credits or sharing the CTC…..I am lost, I don’t know what to do, I called the tax counsel and the VERY nice lady told me there really isn’t anything I can do now? She said I should start checking the mail myself to avoid further issues but our mail box is 200 or 300 yards away, I can’t possible walk that far in my condition?? My husband said if I call the IRS behind his back then they will note it on his account and he will now what I did. I need help, my only hope was to find a way to get a divorce and the community property laws of Florida would make a division settlement of around $10K, IF HE PAID IT at all, then I could pay my lawyer and move back to my home state of MO. BUT, I have a paid off truck valued at around $4K, my husband has NO possessions that are no currently financed….that means the IRS will take MY truck for my sorry husbands dirty deeds. As if this man hasn’t done enough to me already, now the IRS is making it impossible for me to ever get away from him and still be able to afford a cheap roof over my head. I know he has filed each year on the kids and until this year he always got the returns (not that I ever profited from it), so I am sure if he wasn’t really entitled like he said he was, then they will be coming after us for the 2012, 2013, 2014(2014 was taken by the IRS as payment towards 2011)…I have always been told that if your married you have to file jointly OR separate. Since I haven’t been healthy enough to work in years I had no income to file on so I signed with my husband (he told me I had to) the H&R Block lady didn’t argue with him when he said I had to sign too because we’re married???? What is the truth? Is there anyway to save myself? My disease gives me plenty to worry about and deal with, I really didn’t have time on my hands to research current tax laws in Florida? Since finding the IRS letters I have been spending my time looking for answers but I found nothing regarding MY kind or injured spouse problem. IF, it’s not too late, I will send in the injured spouse form against my husbands wishes, this is something I simply cannot fix with a divorce and I DID NOT take the money, I don’t even have access to my husbands money or bank accounts/statements. He does what he wants when he wants and says I should feel indebted to him for buying me food and medicine for the past 4 years!! Is it really too late since apparently my husband has known about this for a year? I’ve heard ignorance is not a defense, but, I don’t have kids, and I had never lived in FL before Nov 2010…I can’t possible pay this debt, will I never be able to divorce my husband now?

  1015. randa on Thu, 4th Sep 2014 11:41 am
  1016. Sorry to bother you again, I found the “INNOCENT SPOUSE” form # 8857…BUT, it says if I tell them how my husband has been treating me for 4 years, & how he says I OWE it to him to sign the taxes so he can get the married tax credits for having to support my sorry ***, the IRS will read the info to him!! This is why I can’t call the police on my husband, if I tell anyone he will stop feeding me and buying my medications and he said he doesn’t like being at home anyway so he can also shut off the electricity!! He says that he isn’t abusive because hitting me with “other things”(not his hands) and threats to harm me or deny me basic needs IS NOT ABUSE according to him!! He will not allow me basic needs if the IRS tells him I told them how he treats me!! HOW can the IRS expect a woman to tell on her husband if the IRS is just going to turn around and tell the angry husband??? I guess I have no other choice than to just be homeless in a ditch!! Thanks a lot GREEDY government!!

  1017. Jan Roberg on Sun, 7th Sep 2014 4:17 pm
  1018. Hi Randa,
    I am so sorry for your situation. You need far more help than my little tax answers. I wish I could do more.

    But here’s my tax answer anyway.

    One–Florida is not a community property state. Just sayin’. There are only nine community property states, they are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. No Florida on that list.

    Two–your problem is not “injured spouse”, your issue is “innocent spouse”. Here’s a link with information about that: http://robergtaxsolutions.com/2013/06/innocent-spouse-relief/

    Here’s the thing–your safety and well being are the most important issue. You do what you need to do to stay safe. Make your move when it’s safe to do so, but whatever you do–keep yourself safe.

    Now, once you get away, then you can apply for innocent spouse status. That’s where the IRS holds you harmless for all the taxes that your husband owes. You’re the perfect example of a person who should get innocent spouse relief.

    So you do what you need to do to get to a better place. Once you’re safe, you can deal with the IRS–but I feel confident that you would qualify for innocent spouse relief and not be responsible for your husband’s debt.

    In the meantime I will keep you in my prayers. Good luck.

  1019. Cindy on Thu, 18th Sep 2014 8:48 pm
  1020. Hello,
    This site and your answers are very helpful! Thank you for sharing your knowledge so generously.

    Does filing an injured spouse form acknowledge the validity of other spouse’s debt? An offset against my husband from his 2007 Maryland state taxes appeared in 2014, causing the seizure of our 2013 federal and state refunds. We believe that this is the result of an error by the state. We are now in the process of scheduling a hearing and deciding whether we can afford to hire a tax attorney over $5500. (My husband did not work, and I only made $28K last year, so you can imagine the devastating impact this had on our family of four!)

    Meanwhile, I am reading the instructions for the 8379, which refers to “your spouse’s legally enforceable past-due obligations.” I want to make sure that filing this form doesn’t mean that we won’t be able to continue to challenge the state of Maryland on this.

    I called the IRS, and the person I spoke with seemed confused by the question, but he finally said he “wouldn’t think” filing the 8379 with the IRS would affect whatever challenge we have going on with our state taxes. But he didn’t sound confident about it…should I go ahead and file the injured spouse form so we can get at least some of this money back for the time being?

    Any advice is much appreciated – I’m afraid to file it, and afraid not to!

  1021. Jan Roberg on Sun, 21st Sep 2014 9:42 am
  1022. Hi Cindy,
    My opinion is that as long as the state of Maryland believes that it has a debt owed to it, it is legally enforceable. I would go ahead and file for injured spouse and proceed with fighting the Maryland tax issue. Until the issue is settled, Maryland has the legal right to pursue the funds. (That’s my tax opinion, not a legal opinion. I’m not an attorney and cannot provide legal advice. Gotta get that disclaimer in there.)

  1023. Ashley Maree on Wed, 24th Sep 2014 1:41 pm
  1024. Hey there! I’ve been reading over these Q & As for the past hour now. Thank you so much for all the informative answers! I’m sure you’ve probably already answered the questions I have but I’ve bee just skipping thought the posts and reading them at random so I may have missed them. Anyway, my husband and I married at the end of 2012. We filed for 2012 and got the refund, no problems. We filed in February for 2013 and then found out in May that I owed taxes from year 2010 so they took all but $18 of our $6330 tax refund. :/ We were devastated as finances have been a major issue for us the past couple of years. So we learned of the injured spouse claim and sent it in at the beginning of July. Being that it’s now the end of September I went back online and looked at our account transcript. At the bottom it says 971 Injured Spouse Claim Received $0.00. Does this mean they’ve received AND processed it? If so does the $0 mean we were not approved for it? Or is it still just processing and we just have to keep waiting? I’ve tried contacting the IRS to speak to a person about this but it’s like an act of Congress to find the right number & get someone on the phone. :(
    Any insight would be VERY appreciated!
    <<>>

  1025. Jan Roberg on Sun, 28th Sep 2014 8:05 am
  1026. Hi Ashley Maree,
    When you see something on the transcript like that with the 0.00 it just means that they are showing that an injured spouse claim was made, but there was no dollar transaction to it. I see that all the time on transcripts when I file for Power of Attorney, you’ll see the date I filed and a 0.00 charge next to it. I think it’s because it’s in an accounting program so every transaction needs a dollar amount and since there was no dollar amount that goes with submitting the paperwork they have to stick a zero in there.
    Don’t be surprised that you haven’t heard anything yet. And yes, getting through on the phone is a major hassle. But I’ll save you some time, if you called today and managed to get through they’d say, “No we haven’t processed it yet, give us another 4 weeks. Don’t call back until October 28th.”
    Now, if you don’t hear anything by late October then definitely do call. (I suggest a speaker phone and a bag of M&Ms, you will be on hold forever.) Make sure you ask for the “injured Spouse division” because there really is an injured spouse division. They should give you a clue as to when they should be done.
    Now, I have called them and had them be really slow and I contacted the Taxpayer Advocate–who is the office you call when the IRS isn’t working the way it should. When I tried the Taxpayer Advocate’s office she told me–the Injured Spouse claims are that far behind, we can’t help you. So I’ll save you a step there, they’re just that slow.
    But, on the plus side, you have proof that they have received your claim and they are processing it. So that’s good. But they are slow. Good luck.

  1027. chelsi on Sun, 12th Oct 2014 5:57 pm
  1028. HI i live in Idaho. My ex husband owes back child support..somewhere around 12,000. they took his and his new wires taxes and told her if she wanted to get her refund she was entitled to she would have to fill out an injured spouse form. she never did..its now been six months. should i expect to get those taxes or not? and if so how long does it take?
    Thanks

  1029. Jan Roberg on Sun, 26th Oct 2014 2:56 pm
  1030. Hi Chelsi,
    I honestly don’t know. It does take a long time and from what I’ve heard, the different states have different rules about that too. If anybody out there has some personal knowledge on this issue, please make a post, okay? Thanks.
    Sorry, Chelsi.

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