Injured Spouse and Economic Impact Payments

0 Flares 0 Flares ×

As more and more people receive their Economic Impact Payments (EIPs) over the next few weeks, the number of previously unforeseen issues with EIPs will surely rise commensurately. One that recently was brought to my attention is the issue of offsetting a joint EIP for back-child support when only one spouse actually owes the debt (recall that child support is arguably (see Bob Probasco’s post here) the only offset that can occur with EIPs).

For a normal tax refund being issued under normal circumstances, this unfairness would be solved by filing Form 8379 -Injured Spouse Allocation. But it goes without saying that EIPs are not normal refunds being issued under normal circumstances. Assuming injured spouse allocation is still the mechanism to use, two complicating factors come immediately to my mind: (1) when/how to fill out and submit the the Form 8379, and (2) how quickly one could anticipate any such form actually being processed by the IRS at this point. My thoughts (aided by the input of others) below.

read more…

The case that was brought to my attention involved a joint 2019 tax return with two qualifying children (under 17). Since the taxpayers were under the AGI thresholds the EIP was $3400. All of this money went (I believe) to the husband’s back-due child support. The wife got nothing, though she owed no debts subject to offset. When they went to the county to ask for the portion of the refund attributable to her the county said, “file Injured Spouse Relief with the IRS.” And that’s where things stand.

Obviously the whole point of the EIP is to get money in pockets as quickly as possible. So filing an injured spouse form after the fact (and especially with IRS staffing issues) is concerning. But can you file an anticipatory injured spouse claim for your EIP? Highly doubtful, both as a matter of practicality (most checks are being sent imminently so it would be hard to send the Form 8379 first) and of mechanics (should you send the Form 8379 with your tax return and how would you fill it out so that it is properly processed?)

Very interestingly, the taxpayers I referenced above DID file a Form 8379 with their 2019 tax return but obviously not in anticipation of the EIP (since that couldn’t be on the return to begin with). And still the EIP was offset. Accordingly, I don’t see much in the way of proactive measures taxpayers or practitioners can take to avoid this outcome with present IRS practices. Short of filing separate returns, which is useless if you’ve already filed joint (and wouldn’t reasonably be fixed by filing a superseding return, since that return would need to be filed by paper), there doesn’t appear to be anything you can do. This calls for a systemic fix.

Until and unless that systemic fix is made, however, we are stuck reacting to the offsets. And how should practitioners react? Two ideas come to mind, and I’d ask the community to weigh in.

The first is to simply follow the advice of the county and to file Form 8379. Still, issues abound with how to actually fill it out -particularly since the first question on that form is “what year does this pertain to” and the last seven questions ask for tax data from that year. If the year is 2020, you have no tax data because it is an open year. I suppose you could just put “0” for everything except the “credits” (line 17) or “payments” (line 20) section, where you’d put in the full EIP. I question whether the IRS would process such an request.

My initial thought is that it should be listed as tax year 2019 (or 2018, if you didn’t file 2019) since the language of the ADVANCED credit specifically provides “each individual who was an eligible individual for such individual’s first taxable year beginning in 2019 shall be treated as having made a payment against the tax imposed by chapter 1 for such taxable year in an amount equal to the advance refund amount for such taxable year.” IRC 6428(f)(1) [emphasis added]. But most in the tax community (with a notable exception or two) have disagreed with me, taking the position that 2018/2019 are really just used for calculating the advanced credit.

I still have my reservations based on the statutory language, but I will concede the point for other reasons… Namely that my local taxpayer advocate has informed me that the EIP posts in the IRS records as a 2020 tax module payment (i.e. on the 2020 account). That says to me “treat it as a 2020 tax return item.” Right now we are living in the IRS’s world and are just trying to expeditiously get payments to those in need: whatever the IRS computers say is so, I’ll agree with if it speeds things up. At least until this is over, at which point I’ll probably litigate if I think it is wrong and is hurting my client.

My second (and parting) thought on the subject is one that I would definitely appreciate input on: whether one could work with the county that takes the payment, rather than the IRS. Again, absent a systemic fix I have serious doubts about how quickly the IRS can resolve this even if they give guidance on how to fill out Form 8379. I think the county taking the payment could be much more responsive, though I pretty much never work with counties on child support issues, and have no idea what constraints they face. Those that do, I’d appreciate input: is there a way to convince the counties that these payments are “special,” and that half should go to the non-liable party? Or is the IRS the only voice that can say that? Is it too late because the payment is disbursed to the child support recipient, and the county would have to claw it back? So much that I am presently ignorant of…

Looking forward to the thoughts on the matter. And many thanks to the tax community for how responsive they have been on so many of these issues already.

Caleb Smith About Caleb Smith

Caleb Smith is Associate Clinical Professor and the Director of the Ronald M. Mankoff Tax Clinic at the University of Minnesota Law School. Caleb has worked at Low-Income Taxpayer Clinics on both coasts and the Midwest, most recently completing a fellowship at Harvard Law School's Federal Tax Clinic. Prior to law school Caleb was the Tax Program Manager at Minnesota's largest Volunteer Income Tax Assistance organization, where he continues to remain engaged as an instructor and volunteer today.


  1. I would expect IRS to process these claims the same way it did in 2008. Here is what the Manual said back then (as updated in 2013): (02-22-2013)
    Injured Spouse Allocation/Stimulus Payment

    (1) When you have a Form 8379 for the original refund, which has been processed and the stimulus payment is posted, you will work the Form 8379 for both the original refund and the stimulus payment.
    If interest is due on the original overpayment, you will figure the interest on the original overpayment. Interest is only paid on the stimulus portion if the stimulus payment offset and was subsequently reversed. See paragraph (4) below.

    (2) Compute an allocation for the original offset and 50 percent for the stimulus payment. The stimulus payment is always split 50 percent regardless of the amount of income, credits/children claimed or community property jurisdiction if it falls within the period of limitations for refunding.

    (3) If part of the stimulus payment was offset and part was refunded to the taxpayers, deduct the refunded amount from the credit amount to determine if the injured spouse is entitled to any additional refund.

    (4) Once the stimulus payment offsets to pay a Federal tax debt or TOP debt, it loses its identity as a stimulus payment. Normal Interest rules apply when considering credit interest if all or part of the credit is subsequently refunded. Refer to IRM, Tax Year 2007 Offset Reversal Issues: Injured Spouse/Innocent Spouse/EITC.

    (5) All injured spouse can be worked as a normal case if the Economic Stimulus Payment (ESP) was not reversed in cycle 200852. If the ESP was reversed in cycle 200852, the taxpayer had to claim the ESP on their 2008 return. See IRM, Injured Spouse Allocation/Recovery Rebate Credit (RRC).

    (6) When working an injured spouse case after offset of the original overpayment and the stimulus payment, you will input two adjustments. One adjustment will be for the original overpayment and the second adjustment will be for the ESP. Be sure to use the correct OTN for each adjustment.

    (7) If there is a joint debt and one or both spouses owes an individual debt you must first pay off the joint debt then:
    split the remaining ESP equally between both spouses;
    apply any applicable ESP to the individual debt owed; or
    reverse any previous offset ESP which belongs to the injured spouse and
    issue a manual refund to the injured spouse
    If there is no allocation involved, you will split the remaining ESP after paying the joint debt. Do not follow the procedures in IRM, Allocation of Injured Spouse Form 8379. This is used only for processing normal injured spouse cases.

    The next part of the Manual covers the “Recovery Rebate Credit” that was paid on 2008 returns to those who didn’t collect the full $600 per taxpayer during the year. See , Injured Spouse Allocation/Recovery Rebate Credit (RRC)

    I don’t think state agencies (and the counties that administer child support enforcement in some states) have any authority to refund payments, especially when there is no way for them to tell IRS not to do it later using the Form 8379 procedure.

    “Obviously the whole point of the EIP is to get money in pockets as quickly as possible.”

    I think some of the point is to get money into the banking system as quickly as possible to prevent liquidity problems. That’s why so much of it is going to Social Security recipients, who are least likely to spend it quickly.

    • Raymond chingman says

      We filed the injured spouse form so my husband should be able to get all of his back and now is not the time to ignore the injured spouses they have rights to

      • What information did you provide? I’m lost I duno how to fill it out.

      • Since my taxes are completed for 2019, I do not know which amounts to put on the 8379. Do I use the income from 2019 and add in the EIP amount or just use the stimulus amount? I already received my portion back on the 2019 taxes as I filed early and always file 8379 form.

        • Are you filing another 8379 for the stimulus? I’m getting mixed information IRS says don’t file another 8379 and Child Support tells me to file another 8379. I’m so frustrated they keep throwing the ball back and forth.

          • I’m in the same boat! I’ve yet to receive my stimulus! IRS says to retrieve it from the State of Maine Dept of Support Enforcement but when I call Support Enforcement the day to call the IRS!!

        • If you already filed and even got your portion back, you DEFINITELY DO NOT NEED to file another one! If and when another stimulus comes, they will go with that information. (Not unless that next stimulus comes after tax time 2021, then maybe THEN you will need to file another!

    • Of my 3 children I share only 1 with my current husband.. my other two kids are survivors after the death of my first husband. My current husband and I
      have filled married and joint the last couple years… myself as the injured spouse. We were able to e-file our taxes for this year early in the middle of January. My other two children who ARE NOT MY HUSBANDS kids but are SURVIVORS from the death of my first husband… Their stimulus checks were taken and put towards my current husbands child support balance. Let me repeat that; my surviving children from the death of my first husband are not receiving their stimulus money because the child support offices of Mass. took their money and gave it to my current husbands ex wife… does that make any sense to anyone? I am definitely interested in partaking in a law suit if anyone wants to team up..

      • I’m all in for a lawsuit. I didn’t even marry the women and now that she gets married she filing Injured Spouse. Why am I paying a debt when I pay what the courts have ordered. If I was behind the courts would let you know. I’m not behind on payments like the mother you can pay a thing.

        • live in Az. My husband is on record for offset for child support. He is not paying $200 a month for support of children (children are in there 30’s)… He is paying “interest only”…. he has already paid the principal amount.

          I receive social security disability benefits. I received every letter confirming my stimulus check will be direct deposit on 5/13/20.

          I received another letter from President Trump confirming $2400 will be deposited. I have not received it.

          Last letter says that $2400 will go to child support arrears. It took my half. I duno who to call or write to regarding this matter. Its horrible. Have you found any resolution? But I checked on the az child support website looked up my husband payment history and as of date no credit has been applied. INCLUDE ME IN LAWSUIT PLEASE

          • File form 8379 on IRS website. Injured spouse allocation form… the IRS will contact Child support services and have them return your portion of the stimulus, then the IRS will refund you your portion. That’s what everyone’s been doing in your situation. It may take up to 14 weeks to process FYI

          • I’m in AZ too with the same thing happened to my and my sons stimulus money. All $3400 went to my husbands back child support which I have no legal obligation to. I called the IRS today and was told that they are aware of the issue and working it out with DES agencies. No time frame of when to expect my money. It’s so frustrating when I am an upstanding, tax paying American!

          • OMG, that’s my life too! I file injured spouse every year, but AZ still takes my refund for my spouses arrears almost always, regardless of he worked out not. His children are grown children, with children of their own. Yesterday, got a letter saying his child support arrears took $2400 in relief funds. We have been married since 1994 and are considering divorce just so I can get relief from this. The AZ child support agency would rather ruin the non custodial family, regardless of circumstance. It’s not about the children, only the money.

      • tracey oshea says

        I too have a similar issue. I have 1 child with my husband who has been in prison the last year. He isn’t even entitled to a chk but got one. And got the payment for our son on his chk and I had one for my daughter from my other marriage. I have filed injured spouse for last 3 yrs cause of his back support. I have received my taxes no problems. But the stimulus chks all went to child support my children and saw nothing it all went to child support. Now i ask ya if the irs got our information off our taxes then why was the injured spouse attachments ignored?? I have been calling the offset program several times with no response and child support tells me to file injured spouse which I already had. So I am at and end on what to do?? Any thoughts?? And law s0uit, I’m down. This wasn’t right. Plus he’s a dependant of the state has not even entitled to one??.

      • Christine says

        I live in Arizona and the same thing just happened to me. The IRS sent the entire stimulus check ($3400) to my husbands ex for back child support. Meanwhile, I have 2 children which are not my current husbands and myself and they get nothing because it was all sent to my husbands ex. Why should myself and my children be paying the debts of husband when we have no part in it? Don’t my children matter?

        • Nena Santiago says

          That is so crazy that is exactly what happened to me as well omg I’m so annoyed with this and not being able to contact anyone from the IRS is even worse

          • We file injured spouse every year we both got letters in the mail saying wife was getting 1400 and I was getting 1400 no letters saying they were taking either but that was may 22 I call waited on hold for 2 hours talked to a lady who said they were trying to fix the system would be late July before they start to recall the money they gave to the x wives that wasn’t supposed to go and reissue what is owed to injured spouses !!!! If anyone hears anything please let me know !!!

      • Leslie Green says

        Similar situation…I have 4 children, and my husband has two children from prior marriages. My newborn was not included, but my $3900 stimulus went to pay my husband’s arrears. Not that he’s “behind” on the monthly payment…but the jealous woman decided to put him on child support after seeing Facebook pictures of what I BOUGHT My kids and assumed Daddy had more money than he was giving her. The ASSHOLE judge granted her two 2 years of arrears. My husband lost his job (prior to COVID) due to downsizing…and I was making payments to keep him afloat. The DOR nor DSS will talk to me about the case or amount due…but gladly took my state refund, my federal refund, and my stimulus….this is B/S. I filed injured spouse in 2019, but they based it on 2018 and aparently my state doesn’t recognize Injured Spouse for the state you have to talk to the agency….oh but of course they quickly dispersed the funds and said…”sorry ma’am” the funds have already been dispersed.

        I say F-That…they need to refund me MY MONEY….and show that he has a debt to pay to DSS/DOR. I’m filing for a divorce, and adding my kids to the Child Support List…so that DSS/DOR can then care about my kids too.

        SAD!!! JUST SAD!!!

        • Nena Santiago says

          What state are you in if I may ask

        • Almost identical situation for me, in Ohio. Between us, we have no children and each of our 4 (2 each from prior marriage/relationships) are adults so he has arrears that are past due and all my refund is still ‘on hold’…..bunch of crap!

      • Jessica F says

        Same here!! The government took mine and my child’s $ and put towards my husbands debt. I’m livid. It also took my 2019 tax refund of $5377.00. I’m beyond mad! Something has got to be done.

      • Abby,
        I sent you an email… onboard with you & filing a suit.. this has devastated my family life & marriage…

        • Please send me email with law suit as well thank you

        • Kelly A Harkness says

          Please send me an email as well..Has anyone heard that if you sent your injured spouse separately not attached to your tax return that you cannot get your half of stimulus back??

          • Karen Murdock says

            My husband and I have 5 children together. He also has 1 child from a previous relationship that he owes back child support for. Our last child was born in 2019, and I didn’t file our 2019 taxes until later in the year, so the IRS used our 2018 info to calculate our stimulus payment. I actually received my portion of the stimulus payment this past Friday (I’ve filed Form 8379 ever since we’ve been married). What truly blows my mind is the fact that the IRS would just blindly split the payment down the middle… That woman just received an extra $1000 that should have gone for the support of MY children. There’s nothing more frustrating than that. Of course she’s entitled to my husband’s portion, but why be so lazy, trying to write a computer program to disperse payments, instead of having the agents actually look at/examine accounts? If just really frustrating and stressful for us injured spouses. I’m down for a lawsuit too, just let me know:

        • Could someone email me also please. I’m on board and want answers! They took my wife and 3 children’s stimulus too. In a pandemic how can they do such a thing!?

          • Teshana Singleton says

            Exactly….this is government money. Everyone should be getting this money….back child support or not. They get a check for them and the children in their home….they definitely should NOT be taking the check from other children!!!!!!!!! Yes it happened to me too!! Very PISSED to say the least!!!! I’m DEFINITELY down for a lawsuit!!!!!!!!!!!!!!!!!

        • Can you send me that link as well me and my wife are i arizona and the sqme thing is happening to us last 2 yrs its frustrating cause we do what they say will stop it but it still foesnt work

        • My deposit was set to be in my bank April 29th 2020 my bank never received anything from anywhere I called the irs due to my tax place I been doing my taxes for the last 8 years put the wrong person for injured spouse therefore they took every penny due to her passed child support payments they did the same thing when I filed my taxes and wasn’t even married a full year before they took everything from me how do I go about that or to get my sum back ?

          • File an amended tax return. As soon as possible..By amending that one, the information pertaining to a future stimulus should be fixed. It’s tricky for the one which has already been sent out. Am sure something can be done though. Someone else’s mistake shouldn’t cost you that gov money. You’re entitled to it, all things considered. I would shop around for a CHEAP TAX ATTORNEY, especially those who do a free consult. I think they would have the best advice on fixing the “mess up.”

        • I’m in a situation that I have yet to find any help or even advise. I’m currently going through a divorce and I haven’t been able to obtain counsel. He filed in June 2019. His income is over 100 thousand a yr. I typically make less then 10 thousand a yr I tried to file my taxes with turbo tax and they told me v to file single we are b not on speaking terms! My taxes were rejected be saying I needed to prove my identity by providing my AGI number. I called his attorney to ask him to please get the info he said he would. That v was in the beginning b of March. When they announced that the stimulus checks would comei got scared because I couldn’t file just taxes. He speaks prepared ours so I couldn’t get it from a preparer. I couldn’t call or write nor could I request it inline because I couldn’t prove to the IRS who without my AGI also I didn’t have b any your of student v loan or bank or credit card. Everything was slats in his name.. he’s a malignant narcissist do he had to be in control ultimately. I called the attorney and infirmed him that I still haven’t gotten the info I needed never heard from him I explained that I couldn’t even update the IRS non filers portal. What happened basically floored me. Because he didn’t b file his taxesi believe get b for this on purpose. It kept me from obtaining enough money to obtain counsel because that’s the only thing I’d have to pay he would be court ordered to pay remaining . They intentionally blocked me. Number 1 according to the guidelines he shouldn’t of received one with his yealy income as single. He definitely didn’t want me to file my taxes by it would of kept him from getting the stimulus money. My stimulus money was deposited into his account on April 15. Now he won’t give me it. His attorney won’t acknowledge my calls letters or anything. This money isn’t marital assets st v all. My divorce trial is in 60 days. He has it and hasnt spent it. But no one can tell me what to do please there are no kids. I have no idea I’ll lost..

          • Go to court, and ask the court to compel him to give you that info. I actually see the picture about what’s going on. Your ex, was not entitled to a stimulus, given that his income was over 100,000. Remember the cut-off was 99,000 for single and like 175,000 for couples? Am suspecting his income is not higher than that am I right? If that’s the case, HE NEEDED YOUR INCOME to file “non filers” in order to get the stimulus. No way he would have anything without combining your money. I think he took advantage that you’re not the brightest crayon in the box. (Don’t take offense, I looked up your typed message and it’s very hard to follow it and it has lots and lots of typos). Am only pointing this out to get to the point that I truly believe he has taken advantage of that fact! I truly think that’s also why your return was REJECTED. He used your info to indicate “married” in the non filers in order to get the stimulus and then you turned around and indicated “single.” That’s why they need to verify if you are someone else, because your SSN has been attached to him as married. So, technically speaking, he’s not necessarily doing something illegal since you all are still LEGALLY WRONG, but he knows it’s wrong to go about it that way and not give you the AGI. Trust me on this one. Go to court and explain this stuff I’ve typed up and I promise you the judge will compel him to provide you a copy as well. (And your portion). If your regular court does not take your case, go to the FEDS! That’s actually an issue belongs in Federal Court but the regular courts can possibly assist. If I were you, I’d mention to him that am going to Federal Court. I think he will seriously sing a different tune! If the small chance he is unbothered. Then go ahead and actually file the complaint anyway. Forget the AGI number, you will have your money pretty quickly in a matter of time if you go that route..GOOD LUCK, come back months later and let us know how that went..

        • Please send me info on joining the lawsuit.

      • Ashleigh Pennington says

        Count me in.
        I have a similar issue. My husband and I have a child of 12 together. He also has an adult child. We actually had full custody of this child for 11 yrs before her mom came back around. My spouse never filed for child support against her. She never contributed a penny. But …when the child went to live with her the first thing she did was nail us to the wall with local Child support enforcement. At the same time I was at the start of an extremely difficult medical issue that cost me my job.( oh ya I raised this kid as my own. Paid for insurance , took her to the dr, clothes, i was her mom for the entire time her mom was absent ) we got behind could not afford to have an attorney fight it in court.
        I know that’s a different story just makes me more irate. I am disabled and my spouse works. The child is an adult now but he makes regular monthly payments to pay it off. So I filed the forms with IRS. I filed forms with CSS. They still took my stimulus and my 12 year olds. As well as ALL of our other return. The stimulus part is 100% wrong according to the CARES act. And 2 months later still no answers to my written request and forms. I also have a HUGE issue that they say they can take our other tax credits specifically for our minor child. If we were divorced I would be entitled to it for my child so why are we left out now ? This is absolutely APPALLING. How is right to take from a minor child ? Why is my daughter suffering while she gets everything. I am currently waiting on paperwork to speak to an attorney further. At minimum this should be split no matter which one of us worked more etc. I am all in for a class action. Also my injured spouse was in IRS hands prior to stimulus.

      • Yes I would

        • I too have the same problem as the other my stimulus check that my husband owes back child support went to his ex wife and I filled injured spouse for 2018 and 2019 how can I get on board to get help please

          • Stephanie S George says

            I’m on the same boat with you. I just got done talking with stimulas relief representative, he just told me to fill out the injured spouse and a letter stating that I haven’t received my check. I told them that I already fill out injured spouse when I mailed my tax return. Do they mean I have to refill the injured spouse form again in order to get my stimulas?

      • Hi everyone, I’m dealing with the same thing, ALL my taxes and stimulus money has been taken, I have never had kids, can’t have kids, and child support took everything. Injured spouse form has not helped yet. I’m going public with this, and I’m completely in on a law suit.

      • Include me if still planning to file lawsuits. The entire $2900 was taken for my husbands ex who doesn’t even let him see the child they have together.

      • Me and my LEGAL husband have been split up since 2015 and it is NOT MY FAULT he chooses to NOT work or support his OWN children that are not mine so why am i affected? I just received a paper from the IRS stating that the $1200 is going to HIS child support so are they taking my entire payment for his debt and what happens next?

      • I’ve been filing Injured Spouse since we got married in 2015 and have never had a problem getting my tax return until this year they took part of my refund, i am the provider of the household and no part of the refund belonged to him therefore it should not have been offset for childsupport arrears. We have 2 kids of our own and our stimulus was split in half both of our halfs were offset but only his half (his and 1 child) was applied to child support mine (mine and 1 child) is floating around somewhere. IrS admits they made an error but where is their urgency to get this resolved? Why is my child having to pay for
        Their dads child support arrears it’s like saying that the state getting interest money is more important than making sure a child has a roof over their head and food at the table. How does this make any sense????

      • Hello, I have been having the same problem, this is ridiculous having to beg for something that we are entitled to! I filed injured spouse but nobody at IRS to accept or deny so what’s the point in filing? Very frustrating that IRS is not available (got their heads in the sand) to clear things up, I tried contacting my state governor and his office is not taking calls either.. UGH

      • I’m in for a law suit. I have one child from a previous relationship and one with my husbands and we also filed his daughter for 2018, which is what they used and I already FILED THE INJURED SPOUSE form with my 2018 taxes. So we should have gotten $3900 but instead got a letter saying that $1700 was offset???? What is $1700?? That’s not even the right amount!! If I get half of 1700 that’s not even MY STIMULUS, let alone my daughter that is not my husbands…. I should be getting my 1200, my daughters 500 and half of my sons 500 AT LEAST. I mailed a letter AND my injured spouse form AGAIN name have not heard a word and the Where’s my stimulus system is STILL saying the deposited $1700 back in April. This is beyond upsetting as I am essential and didn’t even get the $600 plus a week that everyone got to sit at home for weeks. I have worked this whole time and have gotten absolutely nothing!! And it’s NOT my debt!! So very upset and struggling.

      • Laura Mellado-Huerta says

        The exact same situation with me. So upset. I filed an 8379. Still waiting.

      • Kate ep pendleton says

        Same….my husband has two working almost adult children that still 1) quality for their own EIP that goes to their mother (who has two MORE children with another man so she’s getting at least 2k for her kids alone-more on that) 2) my husband and I share one biological baby and I have a school aged son with my previous marriage. He owes back child support and what MY kids and I were to get ALL went to his ex’s pocket/arrears (remember she also has two more kids (total 4) all eligible for eip credit. She is also GETTING MY CHILDREN’S MONEY!!!! Why are her children more important than mine?!? I’m in for a lawsuit! My husband is on track to have back child support paid off regardless, and I think he should pay with his EIP for his kids. But MY children’s help shouldn’t go to his ex’s pocket!!! That makes my blood BOIL…

      • I would like more information about the lawsuit!!!

        My stimulus check was also taken. I am a mother 3 kids and my husband is 100% permanent and total disabled Veteran. I filed of injured spouse once I found out via phone call that all the stimulus money was taken. Today I get a notice in the mail saying my injured injured spouse claim was denied! They received in back in May, but yet they sent all of my tax refund to his ex a month later in June. My husband can’t work! I prey to go we go to court in Oct, because she is going to have hell to pay. Our case is a mess. And when we talk to people about it, they are shocked that she got away with so much!

      • Susan Phillips says

        I’ve been waiting 6 months for back child support collected on my behalf, by the TX AG, from my son’s father’s stimulus pymt. The 6 month hold was placed on the money so, according to them “I wouldn’t get money that I wasn’t owed” WHICH THEY COLLECTED! Now that I’ve waited 6 months and it’s time for the AG to release my money they are telling me the IRS has put a hold on it, it won’t b released, WHAT?? I’m so confused, help! Plz!

      • I would gladly go in on a lawsuit with you. I have been remarried for 5 years & for the past 2 years they have taken my income tax from me & the child credits I get & applied it to my ex-husbands debt that he owed & we have been divorced for 6 years. I submitted the injured spouce form 4 months ago & still I’ve heard nothing & after sitting on hold on the phone for almost 3 hours I’m told there is no record of me sending in that form but I faxed it with about 7 other documents & have proof of when it was faxed. This is so frustrating & in the meantime my kids are the one suffering from all this while my ex-husband has no kids or family to care for & gets to kick back & have all his debts paid off at my expense. Our judicial system is so screwed up! I’m just fed up!

    • Sounds like something similar to mine I filed injured spouse first off and have not received my taxes yet and that was back in February then the stimulus comes I only received $600 of the stimulus. Im married I have two children with my husband and he has three other children with another woman they took my husband’s portion they took my daughter’s portion my son portion and half of my portion to pay off his child support not to mention I was already -3 hundred and something dollars in my account so when I received the money I only received $300. Talk about disappointment.

    • Michelle A Davis says

      They hold irs payments at child support for 6mths so in all actuality child support will be holding the stimulus payment til at least september before disbursing it

      • That is correct. However, the rules of the form 8379 state that I , as the injured spouse, have up to 3 years to file that form. If they only hold it for 6 months (which we have arrived at, since my husband can see the funds sitting in the Atlas holding account) and my form comes in after 6 months, then who is going to pay me back? Child support doesnt take money back from the custodial parent once they’ve distributed it. I spoke to the IRS today, and was told they didn’t receive my form, and to resend it , and be sure to use certified mail so will have tracking. Seems to me that I have an opportunity to double down here, because its been 6 months. If AZ Child support releases those held funds, and I as the injured spouse have 3 years to file my 8379, then somebody is going to owe me money she has spent. They dont take money back from moms, so the government will end up owing me money. So, my husband gets credit towards his arrears, and I will still get the $1200. See whats happening here?

    • timothy h jones says

      i was married til 2019 , got divorced in 2019 , i filed my taxes for 2019 got my refund direct deposit to my account . at the same period in time this stimulus check came into being , well i searched and searched but did not find my check . because the gov sent it to my ex wife because the gov used 2018 thats when we were still married filing jointly , stayed for my son to grad college . now i am out 1200.00 and nothing i can do ? cant call no one cares . this is the biggest mistake in gov history . you should have had to file on line to get your stimulus check and it would have been checked ……

    • My husband has 2 children now 18&19 that he has been paying arrears on for 10 years. I have four of my own and we have none together. When my husband’s youngest was 17 they doubled his child support payments (right at the time his oldest was turning 18). So he is paying double the amount that he was paying before plus the arrears. It bothered me that they did not take into consideration that he also helps to support my children, not counting them at all for income purposes at the CS agency. Every year I file an injured spouse form and they still take a portion of mine and my children’s refund. Half of the stimulus payment was also taken ($1000 of which was my children’s. It enraged me that they did not count in terms of setting his new order, but we’re quick to take my children’s payment to cover his past bill. We expected, his portion would be taken, since we were told he would recieve a separate check, but not my children’s as well. As many other’s we are struggling and are considered low-income. My husband was off of work due to COVID and I was laid off completely, so I was counting on that money to help with our basic necessities during the pandemic. To make matters worse, we still haven’t received our tax return, though we filed in early Feb. The icing on the cake is from the child support agency itself that added interest charges to his dwindling bill. It went from $3000 arrears to $9000 due to interest alone! He is dealing with two child support offices, both that seem to blame the other. I feel completely hopeless and angy that my children and I have to pay for an incompetent system.

    • I’ve been doing the injured spouse form for a few years and haven’t had any problems but this year I’m concerned because I’ve not heard anything. I check my status on the irs site every day with no changes. I can’t seem to find a phone number to call to check to make sure they received it either. It’s been 15 weeks now. I know things are delayed this year but last year at this time I had my money so I’m a little worried. Wish I could at least contact someone to make sure they got my form.

      • Michelle Devereaux says

        I just received my refund June 12th. I filed in February.

        • Brian Tracy says

          Did you have an injured spouse claim? And just received it June 12? Mine was received in March but now it says 806 W2 1099 withholding for the full amount but nothing has been done after that and that was in April. Not sure

          • Hi, you can download your tax transcripts on It will show if they have received your injured spouse form. Hope this helps ✌️

    • Monika Phillips says


      • Then person you got on the phone is most likely not an IRS agent but one of those 3000 dummies they hired that basically reads from a script. They cannot answer any hard questions. All they do is repeat the verbiage listed on the site. I got one of those and finally she actually said, “I will have to transfer you to an IRS agent!”
        She then transferred me to a non-working number. I still have not received a “real” agent.

    • Vina Rogers says

      I sent the injured spouse form in about a week before the IRS site said my stimulus would be deposited April 15th. I put 2018 stimulus where it asked for tax year. I received letters from child support and IRS regarding offset. I waited April, May, and few days ago called IRS. After a 56 minute wait someone answered and put me on hold for another 5-7 minutes before informing me that they were just back to work, that my form was probably still in the mailroom, and anyway they had no instructions on accepting the injured spouse form.

    • Pamela Raines says

      I sent the injured spousal form in for my federal taxes. Still haven’t heard anything on it or my stimulus check. I just want to know why.

      • I filed injured spouse form electronically, with 2019 tax form, takes 11 weeks from date received which was May 6 , 2020 well as of Friday July 31, I’m told because of COVID they start counting 11 weeks on August 1, 2020 so it’s taking 22 weeks to get refund..

    • lisa bohnenkamp says

      So tell me how this is fair. I owe child support for my 2 boys who live with dad and his wife along with 3 other kids. They took my stimulus check and my husbands! All because I had no idea I had to file an injured spouse form so my husbands check would not get taken. The problem I feel is this. My ex and his wife get child support (wife’s ex pays for the kids they had) and state assistance. Me and my husband have to survive off my student loans and whatever else we can do to earn money so we are pretty much broke. Why is it that my ex got $2.400 for him and his wife plus $500 for each of the 5 kids in the home but the government thinks they also should not only get my $1,200 but my husbands too! I am ok with mine being taken even though I know my kids will not see a dime but i pray they will at least have all they need, but taking my husbands check not cool it’s not right that my ex (which has an income higher than mine) should get $4,800 plus $500 x 5. That all being said I had to file a no income tax form which is what was required to get stimulus if you have no income and that form only has 1 in a few spots so that the form would go through so how do i file an injured spouse form with no income to report?? I need help from anyone that has answers for me please email ASAP at

    • I know one thing this is rediculous every year we fill in Feb never get our taxes till September any other company running that slow would be fired now when we really need it the government sticks it to us again !!! Anyone have a time line when this might be fixed we really need the money losing both our jobs over this !!!

    • Tracey Smith says

      My 8379 went out on stimulus taken .Immediately when I realized they took the full amount for child support . injured spouse portion went to arrearage of my spouses child support .
      Lets see .
      Haven’t heard a word .
      Also filed 2019 taxes in that filing injured spouse as well , since this stimulus mis allocation of my injured spouse portion went to child support in full .
      Lets see
      Still haven’t heard a word .
      Mailed monthly payment to child support as always .
      Sent them a copy of paperwork from IRS showing full stimulus went to them .
      It had my name on it as well .
      Questioned them taking the full stimulus ?
      It was with the child support payment .
      I know they got it because the payment was cashed as unusual .
      Lets see
      Haven’t heard a word .
      Here is a light bulb switch …
      If your in the system in the first place …
      Follow along with me ok
      That means 2 people are that child’s parents .. Right ?
      So when you get 2 separate payments of $1200.
      One has a listed parent named and the other has a non parents name ..
      Instead they take it .. We all know 3 are not involved when a child is conceived ..
      I really don’t see IRS or the child support people turning the funds over from the mistake .
      If they put out another stimulus ck it will probably get taken as well .
      We all know the GOVERNMENT is always right …
      Ha ! Ha !
      At least I live in a free Country .
      Have all my blessing of being a US citizen .
      Life could be worse .
      Have a strong relationship with the Lord and a heavenly home some day .
      All in all blessed !!! so I prefer not dwelling on in justices or un fair world occurances.
      Do what I can to rectify by following rules given , fill out proper forms etc , see what happens .

    • Christopher Blanton says

      I filled form 8379 for my wife because I have back child support. Part of it was kept because it was the first 2 stimulus payments! But the rest is set to be given back to my wife. They told me to check Where’s My Refund on 6/22/2021 to see when she will receive her taxes. My question is how long does it take after the form has been processed for them to Refund the taxes? Thanks

  2. Caleb Smith says

    Just as a follow-up and FYI, I have been informed there is a SAMS (Systemic Advocacy Management Submission) pending for this issue. For anyone else that sees it and submits a SAMS request, use issue number 42478.

    Thanks all

  3. I am not a paid tax preparer but I do Foley own taxes. I am in the same boat…I am the sole income earner and my husband owes $32000 in back support from a very complicated case that involved multiple states and took years to sort out…of course when it finally was resolved the courts refused to look at the arrears that were inaccurate from the start. This was from a prior marriage and therefore the debt incurred is not mine. I also have a child from a prior marriage and a child that we have together. My income is considered low for a family of 4 and is about $45000 annually. Of course I filed and have filed injured spouse every year to get my refund in its entirety and this has been successful though it is always delayed. I would’ve assumed that the Form 8379 would’ve flagged to not offset the entire refund but in rush rush situation it apparently did not. I checked the IRS web and it stated payment was sent on April 15th if not received check with bank. I called the bank on 4/16 they saw nothing. I called TOPs they said it was offset by NC child support unit. Interestingly we should’ve received $3400 as a whole family but the automated system stated 2 offsets each in the amount of $1700. I thought this odd because it seemed as though it was split 50% as it should’ve been in accordance with the 2008 Stimulus guidance but then still both portions were offset. Needless to say I have limited capability to contact the NC child support and actually speak with anyone since we reside in NY and the children in NC and it is an interstate case. I too read that we should file a form 8379 but had no clue how to accurately do so especially when I had already filed one for the 2019 Tax return and it processed appropriately. I had read when the 2008 stimulus payments were sent you did not need to refile the form of you had already done so…again just to add to the confusion. At this point I have no idea how to proceed other than perhaps to attempt to recover it when I file 2020 taxes at year end since it is considered an advance credit. I am unfamiliar with the SAMS request…does this mean steps are being taken to automatically adjust offsets or should I do something further?
    Any input is appreciated.
    Thank you!

    • I am in the same boat as you. Our total stimulus was supposed to be 3900. We just got 2 letters for 2 offsets for 1950 each. One in my husbands name and one in both of our name. I also file injured spouse every year with our taxes. His part of the refund goes towards his back support and I get my portion. He has no current order as we have custody of child and only owes for back spousal. To make matters worse, TOP refers you to IRS and there is currently no way contact anyone there.

      • I’m in the same boat as well. In fact, I filed injured spouse for my 2019 return, but still has not been processed. How can we injured spouses get our money back?!

        • Exactly same boat. If I hadn’t filed my 2019
          Taxes on early and they went off my 20-8 return I wouldn’t be in this situation. I filed first time injured spouse my husband owes Back arrears
          From Over 30 Years ago My stimulus and his were
          Both intercepted for his back arrears one letter addressed to him stating his $1200 was intercepted and one letter addressed to both of us stating my $1200 was intercepted by his back child support arrears. His children are adults now received
          Their own stimulus money. Us injured spouses should not be penalized. Something needs
          To be done STAT

          • I agree completely. I am in a similar situation. My husband is paying on arrears from almost 20 yrs ago. We’ve only been married 7 yrs and I usually file an injured spouse. However 2018 I did not because our CPA informed us that I couldn’t file it since we weren’t getting a refund. So here we are today in the midst of a pandemic and have not filed 2019. I received a letter from the white house informing me that they deposited 2400 into my bank account. Nope, no deposit. It’s been a month and still nothing. My bank has NO incoming deposits for my account. I’m assuming the state has intercepted it for the arrears. I immediately went to our CPA and was told it is not possible to file an injured spouse claim for 2018 (again because the IRS didn’t owe me) and I can not file one for 2019 either. So all stimulus will just be given to my husband’s ex-wife while I’m here furloughed from my job. How is this fair?

      • I’m on the same boat here got my two letters today, talked to the child support people, they told that tax refund and stimulus where treated differently so they where waiting to hear from the state to see what action to take. The irs in the other hand told me it might be another 13 weeks before the issue gets resolved.

      • I am in the same situation as you are

    • This has happened to me as well. Should have received $3400 and instead there were two offsets in the amount of $1700. One in both my name and husband’s name, and then one in his name only. I file injured spouse every year. There is no clear guidance on how to fill out and file the 8379 in advance of 2020 tax filings. This is completely frustrating and preventable. I hope more clear guidance is given but it doesn’t sound life relief will be quick for those in our situation.

    • Have you gotten anymore insight on what we can do?

    • Catherine Brown says

      To use the military jargon it appears from the post and comment this SNAFU is not unexpected. This my first time being caught up in my husband’s child support arrears from his first marriage. As the sole source of income from pension and Social Security for our family of three I was counting on receiving the stimulus payment. I sent in the Injured Spouse form in hopes of retrieving my $1200. Is there any mechanism to retrieve the $500 for the claimed minor child from my husband’s second marriage who lives with us and whom we claim on our joint tax return?

    • As I understand it, because of the pandemic shutdowns the part of the irs that processes the 8379 forms was closed. this has caused a delay in processing the forms. If you didnt get a stimulus check or even half of one it’s because the irs hasn’t processed your form yet. The treasury holds offsets for up to 6months before final disbursement. Once the irs processes your form you will get your refund, or stimulus check…or in my case both

      • I just spoke to a woman with the IRS, and she started the department that process 8379, is still not back and she has no idea when they are too return. What a mess.

        • Brook Mosley says

          Oooooh nooo!!! We filed February 13th. Still says processing. I was wondering why. Hopefully it wont be too much longer. We could really use that refund right now.

    • Sadly I am soooo glad to see I am not the only one going through this. Two letters here too, same as others have stated. I resubmitted form 8379 stating the details of the stimulus check in hopes of being in the que to clear this portion up. Guess we will see what the future holds.

    • Ashley Salcido says

      I’m in a bad situation too. I filed a 1099 and a 1040 under my name only for 2019 tax return. was going to get a huge refund. Got a letter saying it was applied to husband’s out of state child support arrears. Whole refund was getting swiped so I sent 2 injured spouse forms out for it. Then I was waiting on stimulus. $2900 and got a letter saying it was to be offset as well. Huge blow. Both happened within a month of each other so obviously wires are being crossed and I am not sure if I should send out another ISF for th stimulus.

  4. Mardy Jones says

    According to the FAQ’s on the IRS website:

    Q21. If I owe tax, or have a Payment agreement with the IRS, or owe other federal or state debts, will my Payment be reduced as an offset?

    A21. No, with one exception. The Payment will be offset only by past-due child support. The Bureau of the Fiscal Service will send you a notice if an offset occurs.

    If you are married filing jointly and you filed an injured spouse claim with your 2019 tax return (or 2018 tax return if you haven’t filed your 2019 tax return), half of the total Payment will be sent to each spouse and your spouse’s Payment will be offset only for past-due child support. There is no need to file another injured spouse claim for the Payment.

    • Yes that’s what the 2008 stimulus guidance said also..if injured spouse was filed with the refund there would be no need to file another to get your portion of the stimulus. However this is not true this time around and the full amount is being offset. I contacted local child support and was told to file form 8379 that’s what the IRS told them to tell us. I’m guessing the logic is it offset because it is a 2020 credit and no 2020 injured spouse has been filed yet since no 2020 returns are due. Guidance on filling out the form is lacking but I’m hoping to attempt to muddle through.

      • I’ve been going crazy trying to figure out next steps on this. Apparently there’s an offset reversal but I’m not sure what that process is. I’ve also read things about us being able to get the tax credit for our missing stimulus payments due to being injured spouse and having it taken. What’s concerning even more, is if more stimulus payments are made how many of these are we going to miss out on. There’s an obvious glitch going on.

    • Stephanie Mink says

      This isn’t about the stimulus check. But me and my husband done our taxes and they took 5,000 because of my student loans and I didn’t make any income so we was supposed to get it back on the 24th of may. Does anyone know why we haven’t received it yet. Is the irs not doing injured spouse claims right now or what is up. I would really appreciate any feed back.

  5. I also received two offset letters,one in my name alone and one in my wife’s,since these payments are being made based on SS#,and the # on my individual letter proceeds the one on our joint letter it seems having taken 1200 from me first according to the numbers on the letters,and the fact that each adult receive a maximum of 1200,the second seizure was my wife’s money alone,and seizing it is a clear violation of her rights to due process,has anyone considered a class action lawsuit to stop this in the future

    • I honestly think we should. This is unbelievable what we are going through and absolutely no help or guidance from anyone.

      • That is the same thing that happen to my husband and I, there’s gotta be something that we can do. I’m so aggrivated and angry, cs claimed my husband owed in back cs. But we know he doesn’t because he worked all last year, and he was behind 500 dollars in child support yet they took both our stimulus. Just found out yesterday that it was intercepted by cs in MD. I didn’t file as injured spouse this year, because I didn’t think I had to. It’s very unfair that we are paying for our spouses when it’s not our responsibility. Now I need to file injured spouse because that is my side of the money with our three daughters. While this homewrecker sits at home with one child and lives with her mom. No job etc… she’s getting a stimulus already for herself and there son. While our family work like slaves and barely get to see any of our money because of the govt being greedy and child support. It’s like what about our family? We all pay bills, something needs to be done.

        • Dawn Grasmick says

          Couldn’t agree more! Perfectly said!

        • I totally AGREE!! No job, 4 kids, full govt benefits and this ratchet gets my money!!! I got my 2 letters today. Same as everyone else. I also need to take care of MY kids. So I guess the govt picks and chooses which children get what! This pisses me all the way ooooooffff!!! Angry is an understatement. They are still processing my 2018 taxes! I haven’t even received those yet! And I filed my 2019 taxes. I’m okay with the delayed time, but 2 years is ridiculous! I’m totally in for a lawsuit!

        • I’m in the same boat

      • I absolutely agree I am in same situation they sent my $3400 to my husband’s back pay child support even though I have filed a injured spousal form! I managed a retail business 6 days a week I am out in this I am hurting financially and so is my children because of this so why are we having to wait or not get what we deserve !

        • Same thing! I filed injured spouse form with 2019 taxes, but the entire household’s stimulus check was intercepted. ($2,900 – my husband’s for his past due child support, mine, and our son’s). We both have lost our jobs because of this virus, and haven’s seen a dime from the unemployment yet. Stimulus check was supposed to keep us and our kid alive and sane before we get unemployment, but this whole this was like a slap on the face from the government. I guess first born ones have the privilege to eat, and our kid and we are just worthless. It’s discrimination based on birth order and violation of the law according to which wives are not responsible for their husband’s child support. IRS said they are trying to resolve the issue as soon as possible, but it doesn’t seem like they are doing anything at all.

    • Same thing has happened to me and my kids. A lawsuit seems in order.

  6. Elizabeth Mayer says

    This just happened to me. Got two letters. One in my name only. One in mine and my husbands name. 1200 each offset. We filed injured spouse. I have been on hold with the state child support office for going on 2 hours. I think it is probably a glitch but needs to be fixed ASAP. My husband is livid because that was the whole point in filing injured spouse. I should mention TOP showed no offset filed, no letter regarding offset was mailed by child support, it just happened anyway. No notice until after the fact.

    • Same happened to me in Texas. I already filed my 2019 taxes, with my injured spouse form and I still got mine AND MY CHILD’s economic stimulus payment garnished. WHAT THE *&(&)!!!! I am going to file another injured spouse claim. However, the IRS says that nobody is working in the offices, so how will these be processed? I am so mad.

    • Postorino says

      I’m in the same boat and I’m so FRUSTRATED. I file injured spouse every single year including 2019. I filed 2019 taxes in early March and, although it’s still in process, I have seven years of filing this form on my tax history. The IRS website says we shouldn’t have to file the injured spouse form if we’ve already filed it with our taxes. I also had the issue where the online stimulus tool said the payment was sent to my bank account but when I called the bank they said they never recieved it. I’m at a loss as to where to go from here and, as the injured spouse, I’m completely livid that my portion was taken and I get a letter a week after the fact. There surely has to be some way to fix this??

  7. Deborah Usherwood says

    My situation is my spouse owes back support from many years ago. We file as married jointly. We generally do not get a refund so there was no need for me to file an Injured Spouse claim. Four or five years ago, we did get a refund and I filed an Injured Spouse claim which was approved, but no Injured Spouse filed for 2018 or 2019. Will I be eligible for my portion of the Economic Impact payment since I generally do not and have not recently filed an Injured Spouse claim? If my portion of the Economic Impact payment is offset, then I am an injured spouse. Does anyone have any suggestions?

    • I’m not a tax expert, but I think You should file an injured spouse form 8379 now, I would think.

    • Same boat here!!!! Our expected stimulus of 3900 was offset into two separate TOP Trace numbers for $1950 each. That’s for two adults and 3 of the four qualifying dependents. The 18 year old is still in school and claimed as a dependent but did not qualify. This is my spouse’s child support arrears occured while fighting for custody of the children whom were being severly abused at the time. 100% custody was transfered to my spouse in the end, with a no contact order for the other parent and the children became my dependents since 2014. Injured spouse form 8379 has been filed every year. We suffer immensely since I am the head of household, sole provider and unable to work due to covid19. Spoke with CSE and they have very little direction from the IRS. Of course you can’t get a live person on the phone. Here are the people I contacted on the top of the chain. Hope it helps.

      Internal Revenue Service
      The Honorable Charles P. Rettig
      1111 Constitution Avenue, N.W.
      Washington, D.C. 20224-0001

      Office of Child Support Enforcement
      OCSE Commissioner
      Scott M. Lekan
      330 C Street, S.W.
      Mailstop 5602
      Washington, D.C. 20201
      Phone (202) 401-9373
      Email: ocseinternational@acf.hhs. gov

      Department of the Treasury
      Steven Terner Mnuchin
      1500 Pennsylvania Ave., N.W.
      Washington, D.C. 20220
      Phone (202) 622-2000
      Fax (202) 622-6415

      • Kimberly S says

        Have you had any response back from any of them yet ? Both IRS and CS (Indiana)are both telling me to send in separate 8379 forms for 2020 labeled EIP. This contradicts the updated question on the IRS website telling us no action is required on our end! I’m just so tired of everyone passing the buck as we all continue to struggle to and figure out how we are going to provide for our families.

        • Jean Medders says

          I am in the same boat. They took my whole 3900 in two separate offsets. I only got a letter for one of them though. I finally got ahold of someone at the irs and was told that my part was front offset and I will need to file another 8379 form. Even though I filled one out for 2019 taxes. So if we are supposed to fill out another 8379 how do we go about filling it out??

    • I filled an injured spouse form to they take state but that’s it and did my taxes in the beginning of February and I usually get by now. And the stimulus they sent me too letters too one for my husband’s and one for my stimulus they said they took his 1700 and took part of mine before I got letters from White House. It said it went to bank but never went there. I got nothing yet.

    • I’m in the same boat the took my tax refund and my stimulus over my husband paying off the last of his back child support on a 30 year old kid.why take money I worked for .

      • Brooke Reynolds says

        I filed my Injured Spouse Form in April and don’t even know if they have received it. I keep calling and am unable to to get an actual person on the phone. I understand everything is backed up but I just want to know if they received my form at all!

    • Same boat, no injured spouse form filed with taxes 2018 or 2019 bc I had no income and we already knew the tax refunds would go to child support as they have every year we have been married even tho we claim MY son and that is basically where the large refunds come from EIC. Fast forward to stimulus payment….offset the whole 2400.00 but now am being told its a mistake that my portion will be returned, however I didn’t file an injured spouse form bc i have NO income so who knows when they will refund my 1200.00. I would absolutely file a injured spouse form if I was even eligible to do so. UGGGGH!!! IM ON BOARD WITH CLASS ACTION LAW SUIT JUST GIVE ME INFO.

  8. Same thing has happened to me, and like all of you other ladies I’m beyond pissed. Spouse owes back child support, entire stimulus ($2400) was seized. Was going to file injured spouse form 8379, but cannot figure out what tax year I should list or where on the form to list the $1200 for each person. Would it be line 17 under Credits? I’m baffled.

  9. I’m in the same boat – 2 letters, one in my name only and one in my spouse and my name, both showing offsets of $1200 each to AZ DCSS (under MY ssn). Called the state DCS office and they haven’t received any funds yet from the IRS stimulus payments as of today. They referred me back to TOP, which is only the automated system that confirms what we already know.
    I’ve been all over the IRS website, and there is no clear place to send in a separate Form 8379. We file electronically every year, and we file a Form 8379. Every. Year. I’m hoping the funds are in limbo because TOP is working out the glitches and returning the appropriate payments to injured/innocent spouses before the money goes to the states, but I’m not feeling optimistic at this point.
    I’m mailing in my separate Form 8379 with copies of the letters I received with the TOP tracking numbers in the hopes it goes to someone who has the capacity to do something useful with it. My mortgage is due soon and my anxiety is growing every day.

    • Contact your Congress person and bug the crap out them email as much as humanly possible. We had the same issue finally got a check in November 2020 needless to say it wasn’t close to half.

  10. Colleen Carlock says

    Same thing to my husband and I. I have been trying to call Attorney General in Texas but can’t get thru. Looking for info as to how to get my portion.

    • My wife and I had same issue I filed 8379 by paper. Then started calling my call IRS as much as humanly possible. We filed in April 2020 and received a check in November 2020. Needless to say it wasn’t even close to half. Congress has the ability to fix this.

  11. I am having the same issue in Indiana. Everyone is telling me to contact the IRS.

  12. Deborah Bean says

    This happened to me as well. We got two letters. One with his name and one with both of our names. Could this be the issue? Why wouldn’t they both come in both names or one with each name alone? Kind of nerve racking considering I was recently disabled and have no income at all and am running out of food and my electric is about to be shut off.

  13. Elizabeth C. says

    On April 2, 2020, I contacted SPEC Partners to help me re: my taxes. (Normally, my husband & I got our taxes done via VITA, but the COVID-19 pandemic halted their services.)
    Then, in addition to still needing someone to help me with taxes, the Treasury department (Fiscal Bureau) notified me that TOP/IRS gave CSRU MY EIP (Stimulus Payment) in addition to my DECEASED husband’s.
    His child support obligations should have ended when he died. [My husband (USMC Veteran) died January 2, 2020 from Stage IV Esophageal Adenocarcinoma that metastasized to his brain.] Moreover, CSRU has NO RIGHT to MY PAYMENT.
    Yesterday, I was told, ‘SPEC Partners encourages you to call the IRS toll-free number at 1-800-829-1040 and a customer service representative can answer ALL of your questions.’
    NOT TRUE. I called that IRS number, & their is NO one there to assist.
    In addition to my disability & overwhelming grief, I am helping my mom, who is 80 years old & has multiple health issues, including Alzheimer’s. So, anything online, etc., will be too hard for me to follow. There have got to be options for people like me. 

  14. Has anyone found out how to fix this? My wife owes back child support, and I file an 8379 each year. We received two letters in the mail one with my wife’s name and one with both of our names (I think this is because I requested our tax refunds be made out in both of our names). Anyways, I realize that I probably need to file an 8379 for this year. However, where do I send it to?! All the offices are closed. To complicate matters more, the letter states to send the new 8379 to the local IRS office that processed your last return. I e-filed my federal for tax year 2019. This is extremely frustrating. I believe my wife’s EIP was intercepted correctly. However, mine (1700.00) was not and I need to get that money back. I have tried the following things:
    1 – Called the child support bureau that intercepted it. Result – not helpful – they just stated I needed to file an 8379 (didnt specify for what year it needed to be filed in, but I assume 2020).
    2 – Called TOP (Treasury Bureau something something) – They are the ones that initially told us that both payments were intercepted. They were not helpful at all. To make matters worse, the intercepts in their system (both of them) are in under my wife’s SSN. Therefore, when I provide my SSN, they find no intercepts. I may try calling them again, as its been a few days since I called last.
    3 – Tried calling federal IRS number and local IRS offices (all closed)

    What are we supposed to do???

    • I am in the same situation. Me and my husband files together and I always file with injured spouse. I also claimed my daughter and her 2 children for they were living with us for the oast 2 years. I checked the site for the stimulas oayment and it stated my payment was in our account. Then a couple days later got two letters stating it had been offset. I have tryedthe numbers on the letter but can not contact anyone. Also called irs but they are not open. I have tryed several sites and I was looking forward to this money. I live in an old wood frame house the roif is collapsing and ny husband is disabled and we live paycheck to paycheck. I am so frustrated and dont know what to doto even disbute the problem. Can you please helo?

  15. Here is my problem…my husband owes back support to Puerto Rico…I have filed injured spouse for the last 8 years…why was that not factored in when they did the stimulus payments? Why do I have to file another Form 8379 to get my part of the stimulus payment? We got our letters from the IRS stating that both of our stimulus payments have been off-set for his child support debt. Letters were sent to us individually not as a couple so why wouldn’t they pay it out the same way? They can keep his part, but why aren’t they giving me mine when I have filed injured spouse? There is no one to call I have called all the numbers on the letter that was sent and can’t get any information that pertains to this. I can file another form, but how will they know it’s for the stimulus payment? I am frustrated because there is nowhere I can go to find out.

  16. Kimberly S says

    I’m in the same boat as all of y’all. Have filed for injured spouse since 2014 since my husband has back child support due in Indiana. Called all the numbers child support (Allen county ,Indiana) Treasury Department when the two separate letters were received . Collection dept at the IRS. All just keeping us going in circles. Even called the Texas Attorney General still have yet to get a call back. Just trying to stay hopeful that this “glitch “ can be corrected , as our taxes can be As my 2014 taxes were when I first learned of the injured spouse form, and yes after weeks finally receive my portion of the tax refund for that year. I fail to see that this was “glitch“ but purposely setup this way for this stimulus. As child support was Not an exclusion on the bill when it passed for this immediate relief we were all counting on all told was coming to US , not Child support !!! Just another disappointed tax payer needing this relief NOW.

  17. I am an injured spouse and extremely upset I can’t speak to anyone because on the phone, I filed an injured spouse form along with my taxes. First time file jointly with my husband. Of course he pays child support so I never knew this would ever happened, the tax lady filled an 8379. The IRS took about 11 weeks, when we check status of the IRS refund last week it said refund was approved so I was happy that finally we may be able to get something back since each of our stimulus check was taken away from him and from me which is unfair for me which is not my debt. Hence the refund was approved so therefore the 8379 was approved, this was after the stimulus check was “supposedly” sent to my bank account on April 15th.The tax lady said we didn’t have to do anything at this point because the IRS will see it and it will get adjusted. Today, April 24th I check the status of my refund and it said it was allocated to my husband child support. So what’s the point of the injured spouse form if they are still gonna take the money away from me. Fuck 2020 we injured spouses are getting screwed big time! I don’t know what to do, the tax lady said to call IRS but they won’t answer.

    • When did you file your taxes if you don’t mind me asking I filed January 28th and then it went under review on the 20th then the 22nd to Injured spouse part and they said the end of April still says processing date will be available

    • Same boat. I earned all the money yet they take it for a debt that isn’t mine. I’m so pissed that all these spouses are having to go through this!!!! We struggle every month and my husband pays $600 a month for child support and it automatically comes out of his Social Security. The only reason he is in arrears is because he didn’t find out he had a child till she was 16 years old. So in cases like this the mothers get rewarded for lying and my husband has to pay for this child’s whole life. She’s an adult now with her own kids and it makes me so sick to think my stimulus money went to her mother that blatantly does not give her daughter anything!!! Screw 2020

  18. I would like to add that the problems with injured spouse and stimulus payments are not the only IRS related problems injured spouses are facing right now. Many of us filed our 8379 with our returns, as we have for years. We waited our, if we were lucky, 11 weeks for a refund appropriation to be designated to us only to have our refunds (in addition to our stimulus checks) intercepted by the Bureau of Fiscal Services, we presume in error. We now face 3 government offices; IRS, state DOR, and Fiscal Services, which have limited, if any, staff. None of these 3 offices appear to be even remotely concerned about our financial situations, regardless of the undisputed fact that we are ‘injured’ and now facing an unfair financial burden in addition to the severe economic crisis being faced by most american families.

  19. Penelope says

    I’m from Arkansas. My husband owes back child support. He has 3 children of his own. I have 3 children of my own, one whom is now 18. We don’t have any children together. When we file taxes. I file injured spouse every year, and our dependents are my biological children, not his. My refund comes to me, and me only. We received a letter in the mail in reference to the stimulus money that was supposed to be direct deposited to me. It stated that it had been offset by $1700. I called the treasury Dept. Spoke to a recording. Found out one of my children’s $500 was given to my husband. That’s why my stimulus payment was only going to be $1700. I also found out that his stimulus check that was supposed to be mailed May 1st, and written to him in his name only. That $902 of the $1700 they was giving him was offset for his child support. In my opinion. My children deserve their money. They don’t deserve to have it taken from them. Especially not in a state of emergency. Especially not when it’s being given to a woman for back child support when my husband and her kids are receiving $1200 of their own stimulus check because they’re 19 years old. Plus how can they do 2 offsets. Take all my part and offset his by only part of the total amount they was going to send him, and then send what’s left to him and him only. It’s not my Childrens or my debt. I’m a small business owner. Just opened my store last year. My “employees” was my children. They worked if I needed help, or if they wanted a little extra money. Since I didn’t have an employee payroll. I’ve not been able to file for a small business loan. It ask for a payroll payment estimated calculation. I don’t have one, and the sba nor my bank will accept my application for covid 19 small business relief without that form filled out. My husband works out of state. We’ve both been shut down due to covid 19. We don’t have any income coming in right now. As of yesterday. The emergency unemployment program for self employed was not up and running in Arkansas. I can’t draw unemployment right now. Neither can my husband. I’m so frustrated. I don’t know what to do. Whoever I call. I only speak to a recording. Who is usually no help at all, or it refers me to another phone number which is another recording. What am I supposed to do? Who can I call? How do I resolve this?

    • call you governors office and the congress they are the only ones answering the phones I’ve called and talked to the irs and the child support office and the treasury Dept and the only person that was possibly going to help was govenor office they were looking into the reason why the interest was not paused since that’s all we have left to pay , but the others just said file injured spouse which I’ve already done but the gov has a liaison to the dhs but in your case you will need the federal system so call your senator they need get the irs paying the injured spouse immediately we need the money now not in weeks from now

  20. ASHLEYM says

    My husband has 4 children, prior to us being together. We have 3 children together, 1 of which was born in 2020, so she doesn’t “count” right now in terms of EIP. However, he owes back support and they have seized ALL $3400 of the EIP issued our family. I am sole income in our household as he hasn’t worked in 3 1/2 years. This is not the stimulus payment of 2008 where each household got a set amount. This is 2020 where each PERSON is issued an amount. I get $1200, he gets $1200, and EACH child gets $500. They have taken not only MY money, but OUR children’s money to pay HIS children! Each of the exes get their own $1200 + the $500 for each of the children he has with them, as he has back support and is unable to claim any of them as dependents. These payments are based on SS #, why is there even an issue? My SS# and my kids’ SS# aren’t listed on his child support cases. Why are the kids he has before ours (that live with their mother and an additional “parent”, these kids have 4 parents total), more important than the kids that we have, that live in our home(who have only their 2 biological parents)? Moreover, I pay for everything for HIS kids (when they’re here, costs to get them here and back, & sometimes contribute to additional school expenses) and OUR kids. Still the government takes my portion of the EIP to pay his exes for children that I had no part in creating! So frustrating, why am I and OUR kids (and so many others) being punished for marrying the person we love? It’s bad enough I wait MONTHS to get my tax refund because of this, now they’re taking even more that they shouldn’t be entitled to.

  21. I need to pay my mortgage and my freaking kids are hungry! My husband is out of work and he has never been late on child support before. It has been a few months and he owes like $6,000 in back child support. He is a combat vet 30% disabled fire fighter/ EMT and train engineer! He is not a loser and our family shouldn’t be treated this way by a government that he has risked his life on many occasions for! On top of the child support system screwing him, the IRS has not only taken his, but mine and my 2 children’s stimulus checks! I also hear they intend to give $250 of my sole child’s stimulus to his ex wife!!! Not having anything to do with their situation at all!!! What a bunch of nonsense. So disappointed this is even happening!!!!

  22. My husband an I are in the same boat. We filed injured spouse and our entire stimulus was taken. We have a 5 year old and 25 dollars in our bank account. I filed unemployment 6 weeks ago and its still pending. We really needed this money just the same as anyone else. How can they let little kids go without? We have enough food to last a few days and our bills are mounting not to mention the child support that’s piling up. How can they treat us and our children like 2nd class citizens while they send money to people who live in foreign countries? They can see that there are children living in a household by looking at your tax forms. This is so messed up! Why are they putting select groups of people in desperate situations? I feel absolutely abandoned by this country.

  23. Finally an acknowledgement from the IRS web and hopefully relief will soon follow..
    I cant post my screenshot but we. Is stating they are aware that injured spouses returns were taken that have already filed form 8379 and they are working with other agencies to fix this no further actuon required by spouses

  24. Tama Batten says

    Yes I am in agreement with all of you, because I am also losing my opportunities to receive economic stimulus funds .My tax preparer says I can fill out the injured spouse form on Thursday . When I did my taxes for 2019 We were required to pay funds so the preparer said there was no need to file an injured spouse form. But I spoke with a tax advocate and she advised me to fill out the form and submit it .. when the issue of giving all Americans a stimulus fund .. it was for all people meeting an income guideline.. I have checked “ get my payment “ and this information says I should have had a deposit on April 30 and still nothing .. I too am frustrated that there are no means to communicate with IRS nor any one else .
    This is by no means fair to seize money from an innocent person .. I would greatly appreciate some advice or information as to what I must do … thank you

  25. Dawn Grasmick says

    I know this frustration well, unfortunately. I am in the same situation. My husband owes back child support for two kids in a previous relationship. We currently have two children of our own, but the whole $3,400 was offset. I can understand offsetting his portion, even mine since I’m married to him. What I can’t get past, and just literally sickens me is why his ex also got MY stimulus for OUR two children, AFTER already receiving one for her and her two kids! It just feels like a total insult, and I am far beyond frustrated at this point!

    • I have not gotten my half of the stimulus money or that for my son. It appears it has all gone to my husbands back child support and I am so disgusted. That is NOT my bill. So his child’s mother’s household gets 6800 bucks and we get not a dime? This is so wrong and I’m furious .

      • Same here my soon to be ex owes back child support and they took all 3900 of ours 1200 each for him and I and 500 each for 3 girls 2 of them mine and 1 is ours and they sent all of it to his back child support we didn’t file taxes 2019 cause I’m disabled and he didn’t work 2019 due to having a stroke but we did file 2018 cause he worked before he had his stroke but he was not behind on child support in 2018 so I didn’t file injured spouse he didn’t get behind till he lost his job due to the stroke we are no longer together but I didn’t get anything for my girls and I because it went to his debt so frustrateing

  26. Hendren3 says

    In my house we do not have to file taxes. I’m a disabled veteran. My husband owes back child support and they took our two children together and mine economic check and gave it to child support. So what are they going to do to fix it for non filers?

  27. My issue too is the half split of the stimulus payment between spouses and the offset of the non-injured spouse for half of children that are not his dependents. This is unfair and seems to defy the logic of the injured spouse allocation. I get splitting the $2400 but not the per child $500. I don’t feel like this has been discussed in depth.

  28. Agreed! I don’t mind the split between the injured spouse and the owing spouse either but just don’t touch the innocent children portion..

  29. Latonya Collins says

    Hello everyone. I was wondering if my husband didn’t owe child support in 2018, will I get my money still. I filed a injured spouse form and I think that I have every right to that money. I don’t owe no debt so I think that we all should get what’s owed to us.

    Yours truly,
    Latoya Collins

  30. Tracy Buchanan says

    I have the same issue as all of you. This year would be my second year filing injured spouse due to my husband owning back child support. I filed my taxes on Jan 28th and the IRS site stated I was to receive my refund on March 2nd. Sure enough it was offset. I contacted my tax person and she said somehow my 8379 form was not attached to my refund when it was sent electronically. She emailed it to me I signed and mailed it the same day. However to this day May 14th the irs site still says my refund was offset. So I believe they probably haven’t even processed my form yet. So when they do am I to believe it will take yet another 8 weeks to process. I was to receive my stimulus money 2900 but that was offset as well. We only received 1 letter and that was probably because there was only my income which sustained our household throughout the year. I am beyond frustrated to tears because this makes no sense at all. Why aren’t the IRS able to work from home to at the very least answer phone calls or update their system or something. It’s not fair. And you all are right. Both families have Bill’s and need to eat. Why should my husband’s ex get her money and ours too. At least allow me and our child to receive our portion. But for me not to get either yet is beyond belief. Were behind on major Bill’s here and that refund has the potential to clear it up. I hope we spouses can get our refunds soon.

  31. angellica says

    I filed my injured spouse form separate from my jointly e- filed return and it has not yet been processed, but it was mailed almost 8 weeks ago. I only received one offset letter. Does anyone know if I will still get my half of the stimulus.

    • Kelly A Harkness says

      I also have the same question. I filed my injured spouse after my taxes were e-filed because the tax preparer forgot to attach the Injured Spouse form. Now, I dont know if I will get my portion because it says on the IRS website you will receive your portion if you filed the injured spouse WITH your tax return. Mine was seperate so now I dont know what to do to get my portion..2900 went to his ex and nothing to us..SOOOO FRUSTRATED!!! Anyone that can verify if you will get your half back if you filed injured spouse after the fact????HELP HELP HELP

  32. I have never filed an injured spouse form and my refunds always go to my husbands back child support. I have never had an issue with this; however, really need a little help right now. How do you fill out the form if you are not relating it to taxes, just the stimulus? The form is specific to information on tax returns. Our whole stimulus already went to the back child support.

    • Becky Foster says

      Hi, Andrea. read my reply below. Try to call your local Child Support office and ask them to send you your portion of the money. Do this BEFORE you send in an injured spouse form.

  33. We have filed married injuried spouse for years and did exactly that this year as well on Feb. 6th our taxes were accepted Feb. 7th but yet here we are in May and the IRS site still says processing. Not only that they took both portions of the stimulus so now I lose mine that’s ridiculous. This is not fair to anyone in this position. I’m not only waiting for taxes to help but now I lost the only help I was suppose to be guaranteed? You can not speak to anyone to get help on the issue so here we go a sit and wait game for no reason as our taxes should already be done and the stimulus for me should of never been taken in the first place. I’m beyond irritated at this point!!!

  34. Jessica Sears says

    My husband owes child support, I do not. They took all of our tax money and stimulus for his child support. I have filed Form 8379 as instructed to do on the letter sent from the IRS. I do not work, am disabled, and normally do not file taxes (which it seems, I should have done this time if I could read the future), but we decided to file joint and now this happened. There is no way to contact the IRS right now and no way of knowing if they are even processing Form 8379 or if it will work. That is the frustrating part. On another note, by 16 year old who works got a stimulus payment, which according to their own rules, she should not have. However, I did not get anywhere when trying to speak to someone about this either. I do not know if she will have to pay it back later or not. My 17 year old who works and filed, did not get one. Seems backwards to me. Why are they leaving 17 to 24 year old’s out? But giving it to a 16 year old, who should have only qualified as an extra 500 for us?

  35. I’m on SSI, husband owe child support, child support took my stimulus along with his, IRS says I need to fill out that 8379 form, problem is I don’t file taxes I’m on SSI what do I do ? This form is impossible for me to fill out help again I do not file taxes I’ve been on SSI since 2008

  36. CJ Widmar says

    My husband and I both work. He owes back child support so I filed injured spouse form with my 2019 taxes as soon as I heard they were considering a stimulus. We have no dependents together and i knew child support would take his $1200. Lo and behold, they sent an offset letter about 7 days after the electronic deposit was supposed to be made, which was 4/30. It was addressed to both of us and said they offset 1200 and makes no mention of where the other 1200, my 1200, is. We have not received any other letter about another offset, nor have I received a check. Apparently my portion is just floating out in the cosmos, never to be seen. With how disorganized all this has been and all the glitches I am not going to hold my breath on getting any money. Hopefully they do another stimulus and they do it right because there is a lot of people missing out on this one.

    • I have the same issue! IRS Get My Payment site says my deposit was “made” on April 30. Husband and I got one letter addressed to both of us saying they took his $1,450, which is fine, but where the heck is my portion! We always file Injured Spouse and usually get a good portion after the fact. This year, we owe the IRS about $1,000, which I thought at first they would take and give me what’s left, but nothing still, whose to say that the Dad’s behind on their child support don’t have bills to pay also! The IRS is quick to take your money but surely not quick to GIVE it!!! I have heard nothing on where my money went besides what the IRS site says, to call my bank, I’ve called them twice and there has been no pending deposits. Very frustrating. Even my tax preparer is stumped!
      I did read on another site, that in some cases it could take 2-3 weeks AFTER offset for the injured spouse to get their money.
      I am at a loss now.

    • Same here we are in June now my husband owes back child support. The IRS website said our deposit was made on April 30th. It never showed up???? I filed an injured spouse form in 2018. I should get my 1200 plus the 500 for my son we desperately need the money. This is ridiculous still waiting they haven’t even posted anything recent to let us know they are working on their mistake.

  37. I spoke to someone at the child support office who was at least sympathetic to the situation and she told me that when they get offsets for arrears, they have to hold on to it until further instructed from the IRS. The custodial parent does not automatically receive the funds it is held up to 6 months until the IRS processed any injured spouse forms and then instructs them how much goes to the parent and how much goes back to the IRS for the injured spouse. She assumed the same would hold for the stimulus checks. In the past it took up to 3 months to get my tax refund so its unfortunately a waiting game.

  38. As I read the comments here , I see we are all in the same boat, and it makes me very angree in regards to how the System works. I you live in a Non- Community state which means that if you are married to someone who has debt with the child support or any other debt that you are not responsible for their debt. It is a law. And that should be enough for the child Support dept. to acknowledge with out taking any action. But it’s not set up that way. They still get to snatch up your money even though it’s not your debt. Then we have to be Inconvenient By filing out an injured Spouse form which is delay your refund any where form 8 to 14 weeks depending on how it was filed. This is so unfair in so many levels. I am so fed up. I work and have my own bills and debt to pay. So when is it ok to take a spouse entire any thing to pay the other spouse debt hen the other spouse wasn’t even responsible. This has created much stress for me to the point I am ready to fight back…
    We have rights and if you don’t know them you will definitely get taken for a ride. So the first thing I did was find out if the state I am in which is indiana allows amnesty for back child support arrears, also is there a statute of limitation, and what if this is causing our family hardship what can I do. So This is where I’m at right now. For the state off Indiana has a statute of limitations on after the child turns 18 and if it’s a judgement then is 20 yrs after the child turns 18. Also find out when the child support order started, Find out what is the % of the payers monthly contribution. To make sure the amount the say is owed is correct. Find out what is the interest rate for your state. Because their is an annual interest rate being charged against the amount owed. Need to know if you are being over charged. I did my home work and my husband ‘s back child support arrears will be 20yrs coming up soon. Thank God! But I hope this information is helpful!

  39. Becky Foster says

    I had the same thought as you: How can you file an injured spouse on 2020, when nothing can be filed for that year yet? So I filed the form based on 2018 information since we have not yet filed for 2019. I also sent along a note explaining what I was trying to do. I have a bad feeling I’ll someday get a letter stating I’ve filled it out wrong and to please try again.

    I happen to work for my state’s Department of Health and Human Services, so I know the folks who do child support work. Based on the advice of three people, supervisor level and above, I sent in my injured spouse form. Two days later, I got a call from the child support agent saying he has my stimulus check and can send it out to me as long as I haven’t yet filed the injured spouse claim…..I told him it just went out in the mail and he informed me that we have to now wait for that to be processed. I was also informed that the local child support agency’s hands were tied-they agree that the point of the stimulus payment was to get money into the hands of everyone as soon as possible. This does not do that. To make matters worse, our child support department has to hold all stimulus checks for six months in case an injured spouse form is filed, before sending the custodial parent the money. So it doesn’t help that household either in this time of need. Someone didn’t think things through very well. So to answer one of your questions, the local child support agency should be able to send back the spouse’s portion of the check if an injured spouse form was not yet filed. I hope this helps someone, as this whole situation is quite frustrating.

  40. In my opinion CS shouldn’t take anyones EIP anyway. Its money the Non custodial parent needs. Oddly though my husband owes back child support but we received the whole 3400. My Whole tax return was taken however which was more than what he owes. It is not reflected that anything has been credited to CS account. I filed injured spouse in 2016 and paper filed one this year. Heard they aren’t even handling physical paper work right now.

  41. Injured Spouse Form has been in place for years now and still no payment. There is a bigger issue that needs to be addressed and that is the IRS should NOT intercept stimulus for child support arrears from non-custodial parents when they are paying AS AGREED, in compliance and CURRENT with court order related to arrears.
    We are paying for adult children (with grandchildren) for over 35 years now. He has fully paid the original court order from 1984 but still has 10% (YES 10%!!) interest accruing due to California child support enforcement accounting methods that were changed but NOT applied retroactively to balance (old method was to charge interest on interest). Yes, he got behind due to unstable employment (not everyone is lucky enough to have a career of stable income). At this rate he will never be able to get out from under it. 35 years and he is still being punished with no end in sight. He complies with the current court order in the state we live and has been paying as agreed. Yet, EVERY tax refund and now the entire stimulus goes to a 62-year-old grandmother of 3 (with rental property) due to accrual interest and no statute of limitations for the state of California child support system. Yes, he reached out to ex- and she would rather he continually being punished because she doesn’t need the money and would give no information to CS.
    This is NOT a case of withholding money for children who desperately need financial assistance. I am a proponent of child support, however, there are two sides that must considered. This is a broken system that is Draconian at best and determined to punish non-custodial parents (typically father’s) for a lifetime. REFORM needs to happen NOW.

  42. In my case, I’m the spouse who owed support, however the child the support was for is now in my custody and has been for a couple of years. They took our payment of $2900 and applied it to the arrears for the child in my custody. It gets better… I was already in the process of getting the order vacated, and replaced with one according to my actual income for the time period. So there was a hold on my account. Now that the order was vacated, and the balance due is 0, they are holding my payment for 6 months, because I’m filed MFJ. Even though I owe nothing, but they want to hold it for 6 months? It’s one thing after another with these people. I’ve fought my way to get things straightened out, now that they are, I’m still penalized…

  43. Lisa Haggard says

    I have the same issue. I did email the Indiana State Child Support Division. They communicated at first about my portion not going to my husband’s back child support, but now I can’t get them to respond at all. Still have not received my half of the $3400 and dont know where to turn now.

  44. I have a frustrating issue regarding this exact thing as of 2018 when my husband and I filed taxes he was caught up soon his child support so I did not file injured spouse. Then he had a stroke right after that and was not able to work. I am not able to work due to disability but without him working he quit paying his child support and got 16 months behind. He had no income so we didn’t file for 2019. Him and I separated in February 2020 and I am raising my 2 girls and our daughter so total of 3 kids by myself. Right after we separated the vivid stuff got bad and quickly it was announced that they were doing the stimulus payments. They based ours on our 2018 taxes and because I had not filed injured spouse they took all $3900 of the stimulus his mine and the 500 each for the girls and sent it to Oklahoma for his back child support debt I have been told many things about what possibly could or could not be done and me possibly being able to get mine and the girls stimulus back since its not my debt but I don’t know what to do or how to do it since it already went to Oklahoma according to the letter we received from the IRS if anyone knows what I might be able to do please let me know. Thanks

    • You should still file form 8379 to get back portion for yourself and kids. I believe child support does hold funds for several months before applying it to the debt so its not too late.

  45. Can someone tell me How do you file an injured sponse form

    • Look in IRS Publication 4134 and find a low income taxpayer clinic in your state or city and reach out for help if you cannot prepare and file the form yourself.

    • It can be filed electronically along with your original return, or you print a paper copy and mail it in after the fact. Takes a while…

      • Mary Wise says

        An injured spouse form can be filed as a paper copy for those who would normally file taxes. My husband and I did not earn enough to require us to file taxes, but they took my stimulus payment as well as his (he owes back child support but I do not). There are no instructions on how to fill out the injured spouse form for withheld stimulus payments. Do you know how the 8379 form should be filled out?

  46. Glad to hear my frustration is shared Do everything right and they still find a way to screw you. Strangely, the Where’s My Payment site said my payment was deposited at my bank back in April. Never happened, so I inquired further to no avail. Then, I got the intercept letters.
    Still waiting on my return (e-filed in March) to be processed – probably the 8379 hold up by the sounds of it. But I sure did get that intercept letter right on time. Oh and Donald’s “look at me I’m giving you money” letter too. NOT SO MUCH.

  47. It is bull that I filed an firm 8379 injured spouse and irs took my stimulas for my husband child support .i am disable not able to work and got nothing while his ex gets my money all the kids are grown and have children of their own and he is still paying child support and for a whole year his ex was collecting child support saying that they lived with her which was bull if the child support enforcement would do their job right and check to may sure that some need the child support .i don’t think it it is fair that they take the spouses portion no matter if we are married to the person or not we did not make the debt so why take it out on the spouse or injured spouse for the other spouse owing this ,the injuries spouse needs the money as bad as the ex does but I guess the current wife is not as important as the ex . I needed the money to pay my bills living off of disable you don’t have a lot and have to budget. I feel. That in this time of need the child support offset could have said no don’t take the money they could have overlooked it this time because of the situation but of course take it from people that need it to give the ex’s and now if there is another stimulas the same thing will happened I thought it was for all American people but the government has lied ,stolen and taken from the American people and the child support offset is a good example of it .

  48. Sharon D says

    I too was like most of you that had a stimulus taken. Husband divorced in Fl. Ex took their kids n left the state of Fl n moved to Alabama 4 yrs ago without consent,which is another story. He is obligated to pay in Fl n does pay in Fl. But when the ex moved she opened another case n Alabama says he owes back child support even though jurisdiction is in Florida. Well guess what they took half of our taxes n all our stimulus. Needless to say I was livid! Somehow we were able to get some of our tax refund i thought I filed injured spouse but apparently i didn’t. I found out after I called the IRS 800 #. And probably a week later I see an update that I am eligible for my part of the stimulus n the will update my payment status when they get a date. I must warn that I was on hold for over an hour with twin toddler girls but we finally got through n spoke with a live person. I was very patient n cordial as hard as it was to maintain my composure because they could have delayed it even more had I been ugly. But I called 18009199835, overall on the phone 1hr 37 minutes. So have plenty of patience. Hope this helps someone

  49. We feel like our boat has collapsed.We are from SC the child lived in MI,We totally paid all every penny of child support.We got a letter from MI saying that my husband owed back child support..and they were keeping the stimulus..The child is 30 yrs old ..12 yrs ago we got a letter from our Clerk of court of SC stating the child was of age and we didnt have to make anymore payments,Well MI never got the message..So thats where all this crap is coming from..We have to send proof that we are not deadbeat parents..I feel totally crushed..

  50. Please! I am in the same boat, we are currently on hold with child support in AZ right now, which is a whole other craziness because for some reason I cannot speak to anyone about the stimilas money they took from me! Since it’s not MY child support case and my husband is the only one who owes the money, he is also the only one who has permission to speak to them about the money that was addressed to both of us! The Treasury’s letter that I received is close to exactly the same as the one my husband received, the only difference being- one number (a consecutive reference number) and my name is missing from his letter entirely. It also stated on both that if there is an error to contact Child support, they will be the ones to refund/correct the problem..and the phone number to call is listed in the event an error was made. Is that not absurd?! That I cannot receive any detailed information myself? They sure did not separate the stimulas check that way! I did file 8379 (injured spouse) as I always do every year. In Arizona it is a 50-50 state for husbands and wives, but if I don’t work, and none of the income is from me, I get nothing. So, only because I worked in 2019, I got my portion of tax refund this year in May, 2020 two months later than I received my injured spouse refund last year in March 2019. I was not sure if I was going to get my refund at all this year because IRS being closed. But when I got it in May I was pleasantly surprised. As with this stimulus situation-ugh- I’m over it! This is ridiculous and sad for all of us. Really! We are all suffering because of this Covid19 crap, not just those people who ended their marriage or have kids with someone who, it turns out, that they can’t stand being with each other and peacefully decide to either a. tolorate each other or b. hopefully be friends and move on, raising the children well. Finally we got ahold of the child support office my husband and I both and they confirmed to my husband that his first children from another women received his half of the stimulus and as usual, she also got her portion of the refund for this year. They told my husband that his first childrens mother did NOT receive my half of refund portion. She also said she is not sure where my portion is and even though I already filed my 8379 injured spouse form for 2019, to do another one any way. (make SURE the title is Injured Spouse 8379 because there’s a similar form that may confuse people)
    To everyone who reads this….Remember the poor kids!!! Don’t teach them hate by treating your ex bad. After all, he or she is half of YOUR child! I’m going to file another 8379 and I’ll keep trying to call IRS, the answering service is saying that someone is answering the calls but I’ve tried about 20 times and each time the automated service said that “Assisters are assisting other people” Good luck! Persevere!

  51. I have a daughter who is now 30 years old. My ex wife and I have been going round and round for 17 years on some phantom amount that the TX Attorney General says I owe. Over the course of that time the interest is higher than the arrears that they state are owed. I’ve given the TX AG proof of payment and they never credited the account.

    Fast forward to April 1, 2020. Coronavirus is in full swing and I use TurboTax to file our joint tax return. TurboTax ADMITS they had a glitch in the wizard that would file form 8379 along with my return. I talked to 4 different TurboTax “specialists” who couldn’t get it to work. They suggested I continue to e-file and send the amended return immediately with form 8379 – which I did the very next day. I got a proof of mailing and sent it certified, but I haven’t received the receipt back. I’m unable to get a live person to talk to since all of the IRS offices are still closed! Why are they still closed while everyone else is going back to work??? We’re waiting on a $5,932 tax return and a $3,900 stimulus payment that isn’t here – and what’s worse, the online portal shows my income tax was mailed on May 15, but we never received anything.

    I can deal with having my portion deducted and continue fighting with the Texas AG, but that leaves my wife and 3 kids without money that would really help with both of us still out of work.

    I know I’m supposed to wait for form 8379 to be mailed back to me to sign from the IRS but it’s now been 10 weeks and I don’t have that form mailed to me or any information as to its progress! Typical government bureaucrats don’t think they owe us any explanation or timeline.

    Mark me as a yes for a lawsuit!


  53. Most of us seem to be in the same boat. My husband pays his CS weekly, but he does owe arrears, so I understand HIS portion being offset for that. His ex has already received OUR combined payment though, despite my filing as an Injured Spouse. The IRS site says they are working to correct this and that it is not necessary to file another Injured Spouse form for the EIP, so I haven’t. But how on earth are they going to rectify this when my portion of the payment is already in the hands of my husband’s ex?

    As a double whammy, MY ex (who also pays regularly now, but owes arrears – exactly the same situation as my husband) actually received his stimulus payment! No offset to me for the support he owes for our kids.

    It seems like problems have occurred at multiple levels with the whole offset program. I just hope that they are able to resolve them completely and quickly, so that the injured spouses and innocent children can receive their fair share of the assistance as it was intended to be provided under the CARES Act.

  54. Here is the letter about the offsets to child support and says we don’t have to do anything if form 8379 was filed in 2019 but I believe they will screw it up again.

  55. Jennifer Nicholson says

    I have filed an Injured Spouse form for the last 20 years and have always received my tax return. It at times has taken into the Fall to get my tax return back. As the rest of you, the CARES Act payment (my tax dollars) was sent to my grown 24 year old step daughter. Reform needs to take place! My husband is the one that did not make his child support payments, not me or my kids. I get taking his portion, but not mine or my kids. I also filed my tax return in February and still have not received it. Would be nice to receive my tax dollars back in a timely manner.

  56. Johnnie Zimmerman says

    I have a question about social security that I can’t find an answer to I think I’ve been to every web site and tried to find an attorney but they don’t return my calls. Five years ago I got remarried and found out my new wife had outstanding student loan debt. The first year they garnished my income tax return after that I have been filing as a injured spouse. Are they going to garnish my social security? Is there anything I can do? They are garnishing my wife’s social security check but she does owe that. I live in Ohio and had no idea she had outstanding loan debit when we got married.

  57. Andy Cooper says

    I’ve done extensive research and have lived this tax nightmare for the last 15yrs. First time it happened I worked straight with child support and they had it back to me in a week. Every subsequent time, I’d rather hit myself in the teeth with a hammer,but….i digress, here’s what I know as having lived it fact. Injured spouse allocations are held for 120 days for verification of correct information. After 120 days responsible party’s debt stays and the injured spouse gets their cut. Has taken anywhere from 7 months to 7 days. Usually its a week or two. I also know that if you have filed injured spouse 2018 or 19 you don’t have to do anything else. Its now literally a waiting game and hoping the buerocrats get their heads outta each other’s asses for the future, I doubt it, but here’s to hoping. 😬

  58. Tiffany Addington says

    I am in the same situation. Not only with the stimulus check but my husband’s unemployment as well. His children are all grown and her has an order for $650 a month for payment towards it. Unemployment is taking half of regular unemployment payment and half of the cares act. She is getting $1800 a month when only ordered $650. In addition they gave her our $3400 stimulus payment.
    Their children are in their 20’s and grown, I still have children at home and my 16 needs surgery. There is nothing I can do and no one is answering the phones.
    I file injured spouse every year. The issue is you have to paper for and the IRS is not opening mail due to COVID.
    In addition to all the funds she is getting we will be penalized and have to pay the taxes on all of it.

    I pray there is not another stimulus check. It aggravates me to know that she has received over $8000 in 3 months instead of the $1950 she was awarded while I try and figure out how to pay my daughters $10,000 hospital bill.

  59. I am in the same situation. I ‘m the only one who worked in 2019 and all of my $3400 stimulus money was intercepted because of my husbands back child support that he has been trying to catchup on. But the fact here is I have a special child and another child from my current marriage and I was the only one who worked in 2019 to challenging circumstances. With this said, why is my money going to his ex? Number one his kids are 28 and 26 years old. They have been emancipated and GROWN!. My are children at home. And to send my money to his ex is ludicrous. I AM IN. Let take this matter to the SUPREME COURTS! They should rethink the whole child support laws, there are men who have paid hundreds thousand and some have real challenging situation beyond their control, that pose challenges or the government and judges have not credited their accounts correctly. The government is not in it for the kids, they are in it for themselves and its a racket. They will hinder a man from seeing his kids if they don’t pay money. Hence the government pimps the situation for their own gain, they DO NOT HAVE KIDS BEST INTEREST!!!!!! Believe me this has been a horrible issue. Always every year getting hit with income tax being intercepted because of Child Support. And now the stimulus check. AND I NEED THAT FOR MY KIDS TO KEEP US GOING!!!!! The government officials have money and houses etc, they don’t care. All they care for is their own hidden agendas and bureaucratic wasted initiatives.

  60. Have clients that filed 8379 with an electronically filed return in March. The IRS sent most service center personnel home around that time and turned off the fax machines. Although there isn’t much to the return their refund and stimulus payment still haven’t been issued. I think part of the problem were issues like this that are normally addressed simply weren’t worked on as those IRS employees went home to work “remotely” and the system just isn’t set up for that. The IRS is pretty good with these types of issues but having lost 2-3 months because of the virus will be a lot of expectations are going to me missed.

  61. Bailey Gardner says


    • Thank you so much! You saved me the long wait that one has to endure calling IRS.

    • Thank you. Not happy to hear that, but at least we have an answer. Any mention as to whether the same “error” will happen if a second stimulus is issued? It’s nice to know that a credit will be available, but I’m sure I’m not alone in saying that I sure could use some of that money for bills right now.

    • Thank you for the update as this informs the injured spouse who does file taxes. But what about the injured spouse who does not file taxes and is a SSI recipient? How are they suppose to file in order to receive their money? My husband and I are both receiving SSI and the IRS took both our EIP’s for his child support. I would not be so worried about the stimulus payment if it wasn’t for the stay at home order my doctor still has me on because of my asthma and COPD. I have to have groceries and necessities delivered to my home which is costing me money that I didn’t have to before covid hit. Now I have to rebudget the bills and add an expense along with the rent increase that started back on April 1st. No Joke! It’s true. From 700 a month to 800 a month right at the beginning of all this. I’m sure the president had ordered in one of his addresses this was not to be done but until I locate that address to provide proof, I’m stuck with an overpayment of now 400 on rent and behind 400 on utilities. How does the government expect us to make it through this pandemic if the assistance available to us is not available to us till later. Later will be too late. God bless everyone and may this end soon. Cost of delivery is no longer affordable.

  62. Has anyone actually received their half yet?

    • I see from USPS informed delivery, what appears to be a check from the Dept of Fiscal Services is supposed to be arriving today. Stay tuned!

  63. I am in the same boat. But I am in CA where everything is Community Property and they have taken my 2 Children’s and my Stimulus Eben though I filled aJoint Innocent Spouse Form 702 I believe. We need that money and the ex got every penny. Add me to the list if there is a lawsuit going on please. And if there is a 2nd stimulus, are we screwed again!!?? Help!

  64. Luticia Farley says

    This has impacted my family greatly! My husband and I filed 2019 taxes jointly along with an injured spouse form. We had one of his children and one of my children living with us last year. We should have received $3400 together, with $1700 for me and $1700 for him. The full amount, along with half our tax return went to back child support. She went and purchased vehicles with the money! Furthermore, I’m owed over $31,000 in back child support and I received nothing for myself or my son!! I’ve been unemployed as I was looking for work when all this started. I was forced to sell my house and my husband had left me. It’s ridiculous that I have to “fight” for the money I should have received. I have been passed around over phone calls because nobody wants to help me. Child support says contact the irs…irs says contact child support…I’m so frustrated!

    • Tina Ward says

      They need to fix this now!!! No way we should be without because of their mistake. They would want their money!

    • This stimulus money should have been treated like income is, and up to half of the husband’s money sent to arrears, in my opinion. Then the injured spouse would have received their own payment and anything for their children. We are struggling to get by. I filed 2018 and a 2019 injured spouse form to try to get my stimulus money. I didn’t even worry about half of the tax refund but now thats all on the table. Its a mess and I need my money! I’m an “essential” worker but my husband is not. We can’t survive on my income alone. I am owed 34k in child support and got nothing, and haven’t for years. He is just not paying taxes anymore I guess. I know my ex is working and has been, but he has had his own business and worked as a contractor. Bottom line we all need this fixed, and am down for any part in a lawsuit, if needed, over this ridiculousness. So many people have had their kids’ money taken with no regard to the point of this: it is supplemental INCOME. Not a refund!

  65. Jessica McPherson says

    Please add me to this lawsuit I am in the exact same boat married we’ve always filed joint but we have always owed taxes so I’ve never filed injured spouse, I filed injured spouse with my 2019 taxes and they still gave my husbands ex my half and my 2 dependants that are not biologically related to my husband and I make more money than him

  66. Please add me to this I have filled the injured spounse also mailed a copy to KC. I filed my 2019 taxes then we split up. IVE done everything that I needed to do to get my 1200 back to me. IVE lost my house due to a fire and lost everything and I call the IRS every week and im told that they are getting the matter worked out. Worked out this is crazy I want my money IVE lost enough being beat him knocking my teeth out everything I own just for the IRS and government to tell me that IVE done everything im suppose to do
    I guess sleeping in my truck is better than nothing. Unreal I want my stimulus money im sure they got theres

  67. SHARON CRUZ says


  68. Hello. I am married and had my portion of the EIP sent to my husband’s back owed child support. I spoke to someone today at IRS and he told me I had to file another Form 8379 and this time to put EIP on top of the form and use tax year 2020. Who knew! I put 2018 because this was prior to me filing my 2019 taxes. And I because I was new to this form, of course, there was no one at IRS to talk to. I am so frustrated because I really need my money. This is not fair at all and too many people are suffering because of this. Now I am afraid they are going to take my portion again, if there is another stimulus check.

  69. I sent my injured spouse form separately on April 17th I am still waiting for my half of the stimulus check..the IRS told me that they have to wait for child support to send the funds back to them because they don’t have the funds to send it is almost October almost 6 months.. it’s ridiculous.

    • I sent my for April 16th spoke to the IRS this week and it has been processed and they gave me a deposit date. So we will see. However the stimulus will be done separately and we have no idea when/if I will get that. They said for the paper 8379 form sent separately you had to wait at least 8 weeks from August 1st when the IRS reopened. Hope that helps, where’s my refund has changed and says my refund is being processed as well the day after I talked to them.

  70. The TX AG has had a 6 mo hold on back child support THEY collected on my behalf from my husband’s stimulus. Now that the $ is due to b released to me the AG is telling me that there is a hold placed on this pymt by the IRS in all 50 states, WHAT???? I’m beyond frustrated, is this true? Has the IRS stopped this pymt I’ve been waiting on for 6 mos? If so, where does this $ go? Somewhere there is a pymt of 1450.00 floating around and I’m entitled to most of that, after they get their medical support, OF COURSE! SOMEONE PLZ HELP!

    • I am in the same boat. There is $2300 sitting somewhere. It’s BS. I waited the 6 months only to find out I wasn’t getting it any time soon and who knows when. Have you had any luck? I could really use this money and it sucks!

  71. Rachel Drake says

    I filed my taxes back in February. I filed jointly but my soon to be ex husband owes back child support to his previous ex. He is on disability, so the tax forms are strictly based on my income. The irs sent me a letter saying the refund is being applied to his debt. So I filed the 8379 form. I didn’t hear anything until August regarding any of it. I did finally receive my portion of the stimulus payment, but I just found out that they still gave my tax refund to his ex. How do I go about getting that money back? What was the point of filing the 8379 if they weren’t going to do anything?

  72. I filed an injuried spouse form every year and the IRS claims that I did not file. The IRS is taking my refund and giving it to a credit card company. To date the IRS has given over $19,000 of my refunds to this company, even though I filed every year, they say that they didn’t get the forms. That is simply a lie. I believe that IRS is throwing 8379’s away because they don’t want to do the calculations. This has been happening since 2017. Additionally. I think that all the people working on tax returns are given a script and deceiving filers.

Comment Policy: While we all have years of experience as practitioners and attorneys, and while Keith and Les have taught for many years, we think our work is better when we generate input from others. That is one of the reasons we solicit guest posts (and also because of the time it takes to write what we think are high quality posts). Involvement from others makes our site better. That is why we have kept our site open to comments.

If you want to make a public comment, you must identify yourself (using your first and last name) and register by including your email. If you do not, we will remove your comment. In a comment, if you disagree with or intend to criticize someone (such as the poster, another commenter, a party or counsel in a case), you must do so in a respectful manner. We reserve the right to delete comments. If your comment is obnoxious, mean-spirited or violates our sense of decency we will remove the comment. While you have the right to say what you want, you do not have the right to say what you want on our blog.

Leave a Reply to Shannon Cancel reply