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11 Answers

How long does it take to process Injured Spouse tax form?

Asked by: megan 5440 views YA Discussion

We filed injured spouse about 8 weeks ago because they took all of our tax return for child support that my husband owed. I brought in the majority of our income last year. About how long does it take for them to get back to you? And will I get a good portion of the return back or do you think it was filed to late (filed after I filed our taxes because we did not receive a notice that they would be taking it).
Please dont be rude, my husband works very hard to support his family, he was injured a few years back and had to have surgery on his knee and fell behind on payments. He is a great father and does everything he can for his children, but it doesn’t help that they expect him to pay almost 1,000 a month while supporting me and my child and our little one on the way. So please keep your rude comments to your self. Thank you.

Asked: tla3796

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11 Answers

  1. Aman Sayal on Jun 01, 2011 Reply


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  2. Judy on Jun 01, 2011 Reply

    You didn’t file too late, and you should hear something in the next few weeks. But how much you’ll get, if anything, depends on what state you live in.

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  3. Bobbie on Jun 01, 2011 Reply

    It may take 4 to 6 months or more time for the IRS to get the Injured Spouse tax form claim processed to the satisfaction of the IRS before the IRS will make the final decision about this claim.
    So just plan on having a lot more patience while waiting to get the information and REFUND amount that you want from the United Treasury Department after the IRS approves the amount.
    Hope that you find the above enclosed information useful 05/23/2011

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  4. Ab Crapples on Jun 01, 2011 Reply

    It can take up to 6 months. I would think you’d be ashamed that your husband can’t support his kids.

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  5. nicerthansome on Mar 30, 2012 Reply

    Some people just CAN’T pass up an opportunity to get in a little dig can they? Dispicable people. Must be down right miserable and just have to spread their gloomy cheer.

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  6. Natasha Holmes on May 08, 2012 Reply

    Hello, I have the same problem. The IRS says since our return has already been offset we have to wait 8-12 weeks for them to process the form because we overlooked a notice they had sent. She also said no matter what I’m the injured spouse so I would get my portion and this was like a month after they offset our return. Hope this helps.

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  7. Tasha Hope on May 08, 2012 Reply

    Hello, I was wondering if you would always have to file two seperate claims with injured spouse. For instance do you file a seperate claim with the state return also or do they link together? Thanks

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    • stephen erdmann on Feb 18, 2013 Reply

      Tasha: As I understand it, the offsets are only applied from your federal return. We had our entire return offset due to a defaulted student loan I was unaware of from my wife; however, we received our entire state refund with no issues. I just verified my 8379 form was received a week ago, so I still have some waiting to go; however, depending on you state, it’s not an automatic 50/50 split where you only get “your half” back. I am able to claim the various credits, deductions, and losses as I am the sole income provider. My wife would claim her one deduction for herself. While it’s still in process, the IRS agent I spoke with was able to estimate what I’d have returned, and it was over 95%, which is good given we’re talking about nearly $6K being offset! Side note: Ab Crapples….really? Ye without sin cast the first stone… The poster was very clear as to why support wasn’t paid.

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