My husband has child support from many years before we met and she gets his income tax year but this year when they gave out the stimulus checks he claimed me like he does every year and the ex got both his part and my part. I was told that I could file again only filing as injured spouse and to file by myself this time. Am I eligible to file for the injured spouse stimulus check? I have read up on it and everything I read and everything that's released from IRS and the news says I'm eligible as well but I get getting rejected because my SSN shows from when he filed in the beginning of the year. I need some help with this if anyone out there has answers or has had the same issues
The IRS wrote a notice about this situation on August 25, 2020.
In summary, in cases where the IRS sent a stimulus payment for a married couple to an ex-spouse to cover back child support, they plan on sending another stimulus payment directly to the injured spouse. They say that you don’t have to submit anything to make this happen, but the notice also says that they don’t have a time frame for this payment.
On the Economic Impact Payment Information Center FAQ, Question D2 "Will my payment be offset if my spouse or I owe past-due child support? confirms this. Updated November 5, 2020, it says:
If your payment was offset to pay your spouse’s past-due child support, you’ll receive your portion of the payment and don’t need to take any action to receive it.....
If you haven’t submitted a Form 8379, Injured Spouse Allocation, the IRS will automatically issue your portion of the payment (date to be determined). Do not file a Form 8379. This FAQ will be updated when we identify a payment date.
You should check the Get My Payment tool using your information to see what it says about your payment.