Has this situation happened to you?
You filed a joint tax return with your spouse and the entire refund was applied to my spouse’s back child support or back taxes. If so what do you do?
Most people think they should file a Form 8857, Request for Innocent Spouse Relief, to receive their portion of the refund. However, this is not the right thing to do.
This issue is generally not related to Innocent Spouse Relief. You may be eligible for injured spouse provisions, Form 8379.
If you file a joint tax return and all or part of your portion of the overpayment was applied or offset to your spouse’s legally enforceable past-due federal tax, state income tax, child or spousal support, or a federal non tax debt such as a student loan, you should review the information on Injured Spouse and Form 8379 Injured Spouse Allocation.
Lost My Tax Refund Because Of My Spouse – Injured Spouse Form 8379
Filed Under: IRS Tax Advice
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