My spouse owes child support. How can I get my share of the refund?
Answer
If a couple filed a joint return and only one of them is liable for child support payments, in non-community property states the other spouse can file an amended return to receive his or her share of the tax refund. The person who is not responsible for the child support debt can file tax Form 8379, the Injured Spouse Claim and Allocation. You can get Form 8379 by calling the IRS (listed in your telephone directory) or by visiting the Treasury Department website at: http://www.irs.ustreas.gov/" Follow the instructions on Form 8379 carefully and provide the required documents.
If you are in a community property state, check with the IRS or the Child Support Enforcement (CSE) agency to see whether the spouse's share of the refund is exempt from the offset or not. Addresses and telephone numbers for the CSE agency are at: http://ocse.acf.hhs.gov/int/directories/index.cfm?fuseaction=main.extivdlist
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