You and your spouse are filing jointly as married people and are looking forward to a tax refund, but it disappears because the IRS used it to pay off your spouse’s debt, such as child support or a government loan. What do you do?
Don’t get your cool level down. There is injured spouse relief, and you might be able to get your portion of that refund back. Let’s go through this super, super simply, step by step:
What is injured spouse relief?
It’s a way of protecting your share of a tax refund when it was used to pay your spouse’s bills, and you had nothing to do with those bills.
✅ You may qualify if:
- You filed jointly with your spouse
- Your refund paid off your spouse’s previous debts
- You’re not legally responsible for such debts
Even in some states that are community property, you may still qualify. (Check the laws in your state or seek assistance from a tax expert.)
What to do if you get a notice from the IRS
If the IRS or U.S. Treasury refunded your money, they’ll send you a Notice of Offset. The notice will tell you:
- The amount of the original refund
- The amount withheld
- Who was paid the money (like a child support agency)
- Phone number of such agency
If you don’t agree with what they did, read the notice carefully and reply as per instructions. Did you not get a notice? Call 800-304-3107 (Monday–Friday, 7:30 a.m.–5 p.m. CT).
When to submit Form 8379
You must answer within 3 years from the day you signed and sent the return or 2 years from the date of payment for the tax, whichever is later.
Forgot the date? Some unexpected events provide you with some extra time, but don’t procrastinate.
How to submit Form 8379
Use these steps to start:
1. Simply submit IRS Form 8379 (Injured Spouse Allocation)
2. You can:
Attach to your return
Or send separately after a notice
3. Read the instructions carefully
Use the same taxpayer ID numbers you used on your combined return
Attach W-2s, 1099s, etc., copies.
4. Send it to the same IRS campus where you sent your joint return
⚠️ You must file a new Form 8379 every year that you are requesting relief.
After you file
- It can take the IRS 8 weeks (or longer) to process
- If you filed it with your tax return, it may take longer
- If you live in a community property state, the IRS will apply state law to decide how much of the refund belongs to you
And just in case—not all bills can be taken out of your refund. In case you’re unsure, call the Treasury Offset Program at 800-304-3107.
Last tip
Save a copy of everything you send out and receive in the mail. It comes in handy if you want them to call you back.
Bottom line: If your tax refund was used to pay off your spouse’s debt and it was an error, you can get your share back. Form 8379 is your best friend here.
Having a hard time filling it out? I can walk you through it—just let me know!
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