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
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!
Thank you appreciative, you’re so kind.
Mike, quit sucking up, you’re already hired. 🙂
She is an incredible person! Very knowledgeable, very sweet, and a very caring individual.
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!
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.
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 .
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
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.
is there a time limit on filing an injured spouse claim?
Thank you so much for you advise and time 🙂
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.
I live in Indiana which is a not a community property state.
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.
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.
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?
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.
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
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.
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??
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.
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?
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.
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?
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.
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?
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.
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.
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.
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
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.
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?
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.
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
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…
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.
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?
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.
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.
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
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
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
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.
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?
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?
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.
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!)