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10-20-2008, 10:17 PM
| | Junior Member | | Join Date: Jan 2008
Posts: 19
| | | Stimulus check cut in half, even for my kid
Filed: married filing jointly.
Spouse had no income, one income family. Supposed to get $600 + $600 (+ $300 for the kid) = $1500 but only got $750 due to spouse's student loans.
Can they take half of the stimulus portion that was going for the child, even when the only income was for the 'clean' spouse, not the one that had student loans? |
10-21-2008, 12:36 AM
| | Senior Member | | Join Date: Feb 2005
Posts: 2,591
| | Yes. They filed as a family. The student loan debt comes out of the family check. The $300 is not FOR the child. It is BECAUSE of the child. |
10-21-2008, 03:06 AM
| | Junior Member | | Join Date: Jan 2008
Posts: 19
| | Quote:
Originally Posted by Some Random Guy  The student loan debt comes out of the family check. | Hm, yes but... if the only income is made by the 'clean' spouse, an injured spouse form prevents anything being taken from the 'family check' as far as Tax Return $ goes. It works for Tax return money.
So I guess there's another explanation for this not applying to the stimulus credit for the kid. |
10-21-2008, 05:46 AM
| | Senior Member | | Join Date: May 2004
Posts: 33,547
| | Quote:
Originally Posted by RedWhiteBlue Hm, yes but... if the only income is made by the 'clean' spouse, an injured spouse form prevents anything being taken from the 'family check' as far as Tax Return $ goes. It works for Tax return money.
So I guess there's another explanation for this not applying to the stimulus credit for the kid. | The explanation is that this was a one time "gift" from the government, and they can make whatever rules they like as to how much of it gets offset for other government debt.
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10-21-2008, 01:10 PM
| | Member | | Join Date: Nov 2007
Posts: 219
| | Quote:
Originally Posted by RedWhiteBlue Hm, yes but... if the only income is made by the 'clean' spouse, an injured spouse form prevents anything being taken from the 'family check' as far as Tax Return $ goes. It works for Tax return money.
So I guess there's another explanation for this not applying to the stimulus credit for the kid. | It wasn't your kid's credit, it was YOUR credit for having a qualifying kid. So if they took 1/2 of the credit to pay your husband's delinquent student loans and his half of the credit for having a qualifying child. I fail to see the problem here. |
10-21-2008, 01:31 PM
| | Member | | Join Date: Jul 2008
Posts: 376
| | | Did you happen to read the information based on the stimulus refund? It's UP TO $600 and a MIN of $300.
So with your portion you got $450, and the $300 for your child being dependent.
How do you know that the student loans were taken out of any of yours and not simply just your spouse's?
"If you owe taxes, back child support, back student loans or things like that that are reported to the IRS, the stimulus payment will be offset to go to that," |
10-21-2008, 05:33 PM
| | Junior Member | | Join Date: Jan 2008
Posts: 19
| | | That's a good question. I know because they initially took the entire $1500 and applied it to student loans, then sent me $750 after Injured Spouse Claim form was filed for the second time.
What if instead of married 'filed jointly', married 'filed separately' was filed, would they then have not kept the portion of $ for the kid? |
10-22-2008, 06:12 AM
| | Senior Member | | Join Date: May 2004
Posts: 33,547
| | Quote:
Originally Posted by RedWhiteBlue That's a good question. I know because they initially took the entire $1500 and applied it to student loans, then sent me $750 after Injured Spouse Claim form was filed for the second time.
What if instead of married 'filed jointly', married 'filed separately' was filed, would they then have not kept the portion of $ for the kid? | No, they would not have. However, it would have cost you a lot more money to file married filing separately, as you would have paid a lot more in tax.
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10-22-2008, 09:56 AM
| | Junior Member | | Join Date: Jan 2008
Posts: 19
| | | Yes, cutting off your nose to spite your face.
I suppose Injured Spouse claim form doesn't protect the clean spouse in this case fully... |
10-22-2008, 01:44 PM
| | Member | | Join Date: Nov 2007
Posts: 219
| | Quote:
Originally Posted by RedWhiteBlue Yes, cutting off your nose to spite your face.
I suppose Injured Spouse claim form doesn't protect the clean spouse in this case fully... | Sounds like it worked exactly as intended. Your share of the payment was $750 and thats exactly what you got. |
10-22-2008, 06:00 PM
| | Junior Member | | Join Date: Jan 2008
Posts: 19
| | | In a two income situation, sure.
But for a one income situation, shouldn't the entire portion for both the clean spouse as well as the child be protected just as it would be if the filing status were married, filing separately?
Same rules should apply regardless of fiiling status, shouldn't they? |
10-22-2008, 07:05 PM
| | Member | | Join Date: Nov 2007
Posts: 219
| | Quote:
Originally Posted by RedWhiteBlue In a two income situation, sure.
But for a one income situation, shouldn't the entire portion for both the clean spouse as well as the child be protected just as it would be if the filing status were married, filing separately?
Same rules should apply regardless of fiiling status, shouldn't they? | You mean other than the fact that eligible single filers got $600 and eligible married filers got $1,200? Do the math. The check was based on filing status, and to the extent the income wasn't too high, only that. |
10-22-2008, 09:38 PM
| | Senior Member | | Join Date: May 2004
Posts: 33,547
| | Quote:
Originally Posted by RedWhiteBlue In a two income situation, sure.
But for a one income situation, shouldn't the entire portion for both the clean spouse as well as the child be protected just as it would be if the filing status were married, filing separately?
Same rules should apply regardless of fiiling status, shouldn't they? | I tried to make this point before, but you didn't seem to understand.
You want to apply the rules of tax to the economic stimulous. The only connection, whatsoever, between the tax rules and the economic stimulous, is that the IRS was required by Congress to administer it, and that some qualifications for the stimulous had to do with one's tax status.
The tax code was/is irrelevant to the stimulous.
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10-22-2008, 11:23 PM
| | Member | | Join Date: Jul 2008
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| | Quote:
Originally Posted by davew128 You mean other than the fact that eligible single filers got $600 and eligible married filers got $1,200? Do the math. The check was based on filing status, and to the extent the income wasn't too high, only that. | Not all eligible to receive the stimulus check got $600, MAX allowed was $600, min allowed was $300. So as stated before you got the kid's $300 and for your you got $450.
Not everyone received a straight 600 or straight 1200 it was UP TO! Meaning the max you can get, there was also a MIN. |
10-22-2008, 11:45 PM
| | Member | | Join Date: Nov 2007
Posts: 219
| | Quote:
Originally Posted by Nativity Not all eligible to receive the stimulus check got $600, MAX allowed was $600, min allowed was $300. So as stated before you got the kid's $300 and for your you got $450.
Not everyone received a straight 600 or straight 1200 it was UP TO! Meaning the max you can get, there was also a MIN. | I am more than familiar with the rules, thank you. None of what you just posted is relevant to the OP whatsoever. | |
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