Will someone help me with an offset tax question?

Question

I filed joint taxes with my husband through H&R Block. I went ahead and took the money now check from them. Our tax refund came to total of $2800. After my spouse use most of our tax refund I receive the offset notice stating that $1725 was owed to the government due to child support. My husband told me he had no other kids yet his ex claims child support on him. I want the portion of my tax refund back. What is the procedure in order to claim my own income tax refund back from an offset because of my husband's irresponsible issue?

Answer 1

You should file an injured spouse claim to protect your portion of the refund.
The problem that you have is you took a refund anticipation loan, you are going to owe a portion of that back
Complete the form and mail it in, you complete it as you are the injured spouse, Once the IRS receives it, it will take about 8 weeks to process, They portion they attribute to your income and withholding will be sent out,
http://www.irs.gov/pub/irs-pdf/f8379.pdf
You need to contact the Bank that handled your RAL as they will want their money back

You will want to file the 8379 every year with a joint return to protect your refund in future years

Answer 2

You can file an injured spouse form 8379 to get the portion of the refund that's due to your income and withholding. But if you haven't heard yet from H&R or more likely HSBC, the bank that the loan was through for the money now check, you will be soon, since you now owe them for the $1725 that was offset, plus any additional interest and fees. And they can come after you, not just your spouse, for that money.

Answer 3

I agree with the first 2 answers, file an injured spouse. But, the thing I wanted to add to this is do you really know who's the father of this child. I'd make sure about it before anything else surprises you.