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Merlo
Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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I am the bread winner in my family my husband has no ...

Customer Question

I am the bread winner in my family my husband has no income. When I filed my taxes I put him down as a dependent. He owes childsupport which was prior to marriage it is all arrears. I filed a injured spouse with taxes so that they wouldn''t intercept the refund however they took all refunds and also took my stimulus check. Can I get this money back and how do I get it back?
Submitted: 6 years ago.
Category: Tax
Expert:  Merlo replied 6 years ago.

HelloCustomer

What date did you file your return? Was your return mailed or filed electronically?

Customer: replied 6 years ago.
I actually was late for 2006. So I mailed in taxes for 2006 & 2007. I mailed them april 14th or the 15th.
Expert:  Merlo replied 6 years ago.

Hello againCustomer

On your taxes for 2006, did you owe money or penalties?

Have you received a notice from the IRS indicating what your refund was applied to?

Customer: replied 6 years ago.
I didn't owe any money I was entitled to a refund. The letter's that I got said child support
Expert:  Merlo replied 6 years ago.

Hello againCustomer

There could be several reasons why you did not receive your portion of any refund that was due and your portion of the stimulus rebate. Sometimes even a small error in filling out the Form 8379 can delay the processing or even have it denied.

You may want to check your copy of the tax return itself and the Form 8379 to check for accuracy. According to the IRS instructions, you should have entered "Injured Spouse" in the upper left hand corner on page 1 of your joint return. The information you entered on the Form 8379 should also be in the same order as the information on your tax return (if your husband's name and social security number were listed first on your tax return then they should have also been on the first line of the Form 8379). You had to include copoes of all W-2 forms or 1099 forms that you received for each spouse.

If after checking your copies of what was filed you find any errors, you should fill out a corrected form and submit it to the IRS to the same address as where you sent your joint return. If you do not find any errors on your forms, then you should contact the IRS again to find out if they received your Injured Spouse form and, if they did, why it was denied. The child support office would not have that information. All the child support office could tell you (or I suppose your husband) how much money was received from the IRS to offset past due child support amounts.

If this was helpful please press the Accept button. Positive feedback is also appreciated.

Thanks and good luck in getting this resolved.

Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience: 25+ years tax consulting. Specializing in returns for US citizens living abroad
Merlo and other Tax Specialists are ready to help you
Customer: replied 6 years ago.
Thank you for that answer I just looked and the paperwork and on the 1st page of the 1040 it has his name & social 1st then mine. Then on other pages it has the name listed as follows his first name and middle initial then my full name then his social security # XXXXX that. Could this be the problem. the form 8379 has the names listed as the same as the 1st pg of the 1040
Expert:  Merlo replied 6 years ago.

Hello againCustomer

I assume that when you refer to "other pages" you are talking about your attachments such as Schedule A or Schedule B. On those schedules you would only list the social security number of the person listed first on your Form 1040, so I don't think that is the problem.

If your both your form 1040 and your form 8379 have your husband's name and social security number listed first, and then your name and social security number listed second, then it sounds like you completed that part properly. On the form 8379 next to the names, there are also boxes to check to indicate which one of you is the injured spouse. Make sure you checked the box next to your name and not your husband's.

If everything else appears correct, contact the IRS at(NNN) NNN-NNNNto see if they even acknowledge receiving your Form 8379, and if it has been processed.

Also, I just noticed that you are from the state of California. Keep in mind that is a community property state, so all of your income and expenses will be treated as they were earned or expensed 50/50 by each spouse. That shouldn't keep you from getting a portion of the refund, but it may not be the actual percentage of your earnings since income from community property states is calculated differently. Basically you would be entitled to 50% of any refund that was due, but no more than that amount. Also, California itself does not recognize injured spouse claims, so if you had any state refund coming it would still be kept by the state to offset any child support debt.

If this was helpful please press the Accept button. Positive feedback is also appreciated.

Thank you.

Customer: replied 6 years ago.
Thank you so much for the answer this really helped me and told me where to start at to fix the situation and also what to expect.
Expert:  Merlo replied 6 years ago.
Thank you, XXXXX XXXXX of luck in getting this resolved. Hopefully you will find it's something easy to fix.

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Merlo
Merlo
9646 Satisfied Customers
25+ years tax consulting. Specializing in returns for US citizens living abroad