Injured Spouse Hold Question?

Question

My ex-husband is many months behind on his child support. His amount is $400/month and he has only paid $400 ytd in 2008 and that was 5 months ago. I received a notice from the dept. of child support services that they are garnishing his tax return from the IRS ($1500) but his new wife filed an injured spouse hold. I guess she should get about $300 of that if they re-file. If they complete their re-file before the 6 month period, will I get the $1200 due to me before the 6 month injured spouse hold time period is over, or will they make me wait until the end of the 6 months anyway?

Answer 1

If she filed an injured spouse form (8379), they don't need to refile their taxes. The IRS time frame for processing it is about 11 weeks. That is an estimate, of course.

Answer 2

i am not sure, but usually you will get  it . contact them to be sure.

Answer 3

Most likely wait. The IRS moves slowly. It depends on how long it takes your ex to respond.

Answer 4

I will assume that your numbers are correct even though if your ex lives in a community property state the number are not correct.  It is currently taking the IRS 4 to 5 month to process an Injured Spouse Claim, then the IRS forwards the offset funds to your state or county that has requested the the child support offset.  The funds then will not be availble to you until the state or county sends them to you, maybe another month or two.  The IRS has a very large back log of Injured Spouse Claims to process currently due to the Stimulus program.

If your ex spouse lives in a community property state the new spouse could get as much as 50 percent their joint refund by filing an Injured Spouse Claim.

I think that 6 months is likely the soonest that you will see any money, it could be an additional 2 to 3 months after that.

I know this was not the information that you wanted to hear but I hope knowing the real time frame will help you.

Answer 5

don't count your chickens until they're hatched. . . . .

you never know how long the delays will be. . .several different entities involved here. . .

the good news is the deadbeat dad will pay some of his child support. . . eventually. . .sorry you have to wait. . .

IRS figures the percentages/dollar amounts for each spouse based on income, exemptions, and hocus pocus