Explaination needed regarding joint tax refund check being held by IRS for California child support services?

Question

My wife is due money for back child support. He ex-husbands tax refund has always been released to her to pay the arrears. The ex got married last year and they filed jointly. Now the IRS is holding the money to determine how to release the refund. We believe they (ex and new wife) are entitled to half the refund. They believe their entitled to half and think we got it all. We have received nothing to date and are waiting the IRS decision. The problem is the ex believes we already got the money. WE HAVEN"T!!! But he is a jerk and the new wife is worse. How can we explain this to them???

Any IRS or Child Service Support representivies on the site who can refer us to the right contact for information. All we have is the letter sent saying the money is being held up. They don't believe us...

Answer 1

There really is nothing to do but wait. The injured spouse claim at the IRS takes 8-11 weeks to process, then whatever is due goes to the Financial Management Services to distribute accordingly. Judy's answer is correct concerning the refund and rebate.

Answer 2

Did the new wife file a Form 8379 Injured Spouse form, because if she did then that would be the hold up on the refund.  Processing F8379 takes 12-14 weeks to process.

Answer 3

Tell them you will notify them when you receive the money and ask that they extend the same courtesy to you.

Beyond that, they can contact whomever they wish and try to get information.  Doubt it will be very productive.  You'll know it has been released when you get it.

You probably need to duck out of the discussion and let your wife handle it as she sees fit.  This is probably one time when no action is the best decision.

Answer 4

The only thing that you can do is show them a copy of the letter that you received to prove that you haven't received any of the money from the IRS.  

Other than that, tell them that is out of your hands until you actually receive the check.

Answer 5

You really don't owe them any explanation.  If you want to, your wife can tell them that she didn't get anything yet and don't know what you will get and when.- if they don't believe her, then tough, that's THEIR problem.  Let THEM call the IRS, and sit on hold for an hour, and then find out that they're wrong, that what your wife is saying is true, it's still in the IRS's hands and not in yours.

Since they filed a joint return, the new wife has the right to file an injured spouse form, and it sounds like she did.  If she did, she would get half of their joint stimulus payment, and you'd get the other half.  For the reFUND it's much more complicated - she would get the portion of the refund, if any, that is due to her earnings and withholding, and you would get the portion that's due to his, it wouldn't be split in half.

Good luck.