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IRS OWESTax Intercept for Child Support

I recently got married last year. My husband owes back child support. I have four children of my own. I recently purchased a home, and receive EIC Credit for my children, pay daycare, and have been on my job for 4 years. We had a CPA prepare the return and we filed the Form 8379 Injured Spouse form with our tax return. I had been checking online and it stated that the refund was direct deposited into my bank account. After noticing that it was not direct deposited and seeing the little notice at the bottom I get a little suspicious and started wondering had the funds been intercepted for Child Support. Yes, they had. I called the IRS and they stated that the Form was missing, lost, or just misplaced and was not processed. When filing the Form 1040 it was marked Injured Spouse at the top left hand corner and the Form 8379 was in the packet along with the return to be processed. Why wasn't it processed, and why was the refund intercepted. I would like to know why. I have alerted the IRS and state agency Child Support which had intercepted the payment and advised that I am working to obtain said funds and that it should be held in an account for 180 days or 170 days and not disbursed to the Custodial Parent, otherwise they will be sued. This should be illegal. I hope they correct this error quickly as it should have never occurred.


  • Si
    singlemommyof2 Oct 27, 2014

    I am a mother of 2 children that is owed $20, 000 in back child support. My ex husband remarried and had 3 more children with his current wife. They fight with the IRS and Child Support often because they feel it is unfair. The only ones that this is unfair to is the mother who is left to raise children without support. If you marry a man who has children with another woman, then his debt should become your debt. His children should become your children. He is now helping care for your children but you think that you shouldn't have to help with the care of his children. It's a double standard an it's wrong.

    0 Votes
  • Pr
    proudmommy#5 Feb 15, 2011

    I've been dealing with my husband owing chil support for years. I think it is wrong for them taking from my children and myself for his debt. The only reason we get a refund back is because of the EIC. Refile the injured spouse form and they will give you your share of the refund. The IRS will not release the payment to the child support for 6 months this gives the innocent spouse time to come forward. It does take 11 to 14 weeks to finalize an injured spouse form but you will get your part of the refund.

    0 Votes

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