IRS Procedures: Injured & Innocent Spouse
This is archived information that pertains only to the 2005 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.
How can I collect child support from my ex-spouse?
You must contact your local child support agency.
References:
- Form 8379 (PDF), Injured Spouse Claim and
Allocation
- Publication 504, Divorced or Separated Individuals
- U.S. Department of Health and Human Services Administration for Children &
Families Office of Child Support Enforcement.
My ex-spouse is delinquent in paying child support. The attorney
general has filed some sort of paperwork with the IRS to withhold my ex-spouse's
tax refund. How would I receive the withheld refund?
The answer varies depending on the state that is involved. You need to
contact the state involved by link to its page on the U.S.
Department of Health and Human Services Administration for Children &
Families Offices of Child Support Enforcement web site to get this information.
References:
- Form 8379 (PDF), Injured Spouse Claim and
Allocation
- Publication 504, Divorced or Separated Individuals
- >U.S. Department of Health and Human Services Administration for Children & Families Office of Child
Support Enforcement
Is there any way to find out if I need to file an injured spouse
claim before I file a return?
Your spouse can ask the agency that might be claiming the refund for a
past-due debt. Another source of information is the Financial Management Service
Help Desk at (800) 304-3107.
References:
- Form 8379 (PDF), Injured Spouse Claim and
Allocation
Can I file my return electronically even though I am filing a Form
8379, Injured Spouse Claim and Allocation?
Yes, you can file electronically.
References:
- Form 8379 (PDF), Injured Spouse Claim and
Allocation
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