Will I get my half of stimulus payment if my husband's child's mother spends it after tax intercept?

Question

My husband owes back child support, so our stimulus payment was intercepted to pay, back dated child support. I filled out an injured spouse form after we recieved notice that my portion would be intercepted also, since we filed jointly. How long does it take the IRS to refund the money? What if the money is turned over to the mother and she spends it, will she have to pay it back or am I just out of luck?

Answer 1

Child support arrears collected by the IRS are never issued until after the spouse of a MFJ filer has had time to claim injured spouse relief.

Answer 2

The money isn't turned over to her for quite awhile - it's held to give you time to file the injured spouse form.  So she'll just get half, and you'll get half, but it will take two or three months before either of you see the money.