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Tax offset for child support

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GSTANLFIELD

Guest
My husband has arrearage on his child support which he pays each month in addition to regular support. When we filed our taxes last month, I did not file an injured spouse claim because our tax guy said it may not be automatically intercepted, so I waited. I found out that his child support case had been certified for tax offset, so last week I mailed an injured spouse claim form to the IRS to receive the portion that is mine. Today I received the official notice from the IRS to inform us that the refund had indeed been intercepted and that his ex would receive the refund within three to four weeks. But what about the form I sent in (I read on the form that it can take up to eight weeks to process)? Will she receive the whole refund? Or will I get my portion. It seems that she would receive the payment before the IRS ever processes my claim form.

Also, our refund amount was $1336. The notice we received from the IRS says the payment to her will be $1824. How can she receive more than the amount of the refund?

All input is appreciated, especially from someone who has been through this.
 


L

loku

Guest
I assume you filed Form 8379, "Injured Spouse Claim and Allocation," which is the appropriate form to file in your situation. I

If you qualify for relief under the rules stated in that form, you are entitled to your share of the refund, and you will get it.
 

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