My girlfriend is legally seperated and going through a divorce in NY, have a question about the stimulus check

Question

My girlfriend is legally separated and going through a divorce in NY state. Her and her husband do not get along very well. They did file joint at tax time and were figuring to split the money. Only problem is that her ex screwed up his finances and they ended up owing $800.

Well when the stimulus checks were sent out she was hoping to get some of that money back (they were due $1200). The check came and it was for $112.37. Apparently her soon to be ex husband had over $1000 outstanding child support payments for his child from a different relationship. Is there anyway that she can get her share of the money. Why should she have to pay his child support, when A.) It's not her child and B.) They are legally separated. Any help would be great.

Answer 1

Tell your girl friend to file and Injured Spouse Claim.  You can get the form on the IRS web site at www.irs.gov.  Above the names near the top margin write Stimulus.  Mail the Injured Spouse Claim to the same place you file your return.

Hope this helps.

Answer 2

She could file an injured spouse form, and get her share of the rebate after the back taxes were taken but before the child support.

Answer 3

Your girlfriend should file Form 8379 Injured spouse.  It is a lengthy process, usually takes 12-14 weeks to process form but it is worth the wait.

Answer 4

She may qualify as an Injured Spouse.  She can contact IRS or download the form from IRS.gov.

As for "legally separated," I doubt that is true, especially since they filed a joint return.  Separated and filing for divorce is not the same as "legally separated."