How to Find Out the Status of an Injured Spouse Claim

You are an injured spouse if you file a joint return and your partner has a past-due financial obligation subject to offset you are not responsible for paying. Examples of non-joint obligations include child support, student loans, non-tax federal debt and debt from unemployment overpayment. In these cases, the entire portion of a joint tax refund is intercepted to pay the bill, unless you file an injured spouse claim to receive your portion of the refund. The claim takes at least two months to process, but you can check the status easily.

Instructions

1. Wait at least eight weeks from the date you submit IRS Form 8379, Injured Spouse Allocation. This is the minimum amount of time it takes the IRS to process your request. Claims submitted after your joint refund is totally intercepted take eight weeks to process. Claims filed with your joint tax return take 12 weeks to process if you file a paper return, or 11 weeks to process if you file electronically.

2. Call IRS Financial Management Service at 800-304-3107.

3. Provide the agent with identifying information concerning your claim, such as your Social Security number, birth date and the tax year of the claim. Claims still being processed may require additional time before a decision is rendered.

References

• IRS: Form 8379 Instructions: General Instructions
• IRS: Tax Topic 203: Refund Offsets
• IRS: Form 8379: Specific Instructions