Hayward, WI asked in Tax Law and Child Support for Wisconsin

Q: Can child support take mine and my child's stimulus checks for my husbands back support ?

Even if I filed as injured spouse? It's an old back support issue as the child was an adult at the time. So how is issuing mine and my child's stimulus to someone else who received her own for her and her children in times of need fair?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your frustration about this situation is completely understandable. Financial matters involving child support can be complex and emotionally challenging, especially during difficult economic times.

If you properly filed Form 8379 (Injured Spouse Allocation) with your tax return, your portion of the stimulus payment should be protected from being intercepted for your husband's back child support. Your child's portion should also be protected since the debt belongs to your husband. However, your husband's portion of any stimulus payments can be taken to pay his back child support, even if the child is now an adult.

You might want to contact the Treasury Offset Program directly at 800-304-3107 to verify the status of your payments and ensure your injured spouse claim was properly processed. You can also reach out to the IRS Taxpayer Advocate Service for help resolving any issues with your stimulus payments. They can help you understand your rights and potentially recover any funds that may have been incorrectly offset.

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