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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Here are some links that might help:
EIC questions of any kind: http://www.irs.gov/Individuals/Earned-Income-Tax-Credit-(EITC)-%E2%80%93–Use-the-EITC-Assistant-to-Find-Out-if-You-Should-Claim-it.
How to find free tax preparers: http://www.irs.gov/Individuals/Free-Tax-Return-Preparation-for-You-by-Volunteers
How to find your local IRS office: http://www.irs.gov/uac/Contact-Your-Local-IRS-Office-1
@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!”
Yay Rebecca!
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.
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 🙁
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.
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!!!
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?
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.
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?
@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.
We called them on the 11th of this month i mean.
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.
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.. 🙂
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.)
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.
Hey Elisha,
Thanks for the positive feedback. I”ve had one of those days, you make me feel better. Thanks.
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.
@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?
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
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 :))
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?
Thanks much for the info!.
Tom
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
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
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?
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
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.)
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.
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
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
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.
Hey Lara,
So that sounds about like 8 weeks. Thanks for the update. (And congrats on the full refund!)
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
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.
Hi Elisha,
I wish I could send your comment to the IRS. The good ones need to know they are appreciated. Thanks.
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.
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.)
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.
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???
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!!
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.
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.
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.
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.
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?
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.
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.)
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!)
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!