AboutHelen P. O`Planick, EA Expertise I am a tax professional, with experience in individual taxation. I would prefer not to answer questions about non-resident aliens or corporate taxation. Please do not ask me state related questions, unless the state is Pennsylvania. There are 42 taxing states and 42 TOTALLY different sets of state tax law.
Experience I have been preparing tax returns almost all my life. I have been in professional practice for 25 years and I am enrolled to practice before the Internal Revenue Service.
Organizations National Association of Enrolled Agents
Publications I am a prior Money Magazine Tax Test taker and have been quoted extensively in all media including monthly periodicals and books by tax authorities.
Question My husband and I file a joint return every year. my husband pays child support and I do not file the injured spouse form since I do not mind when this comes out as they will receive the money either way. This year when the stimulus checks were issued they took out back child support but took WAY TO MUCH. The domestic office says they will refund our money but it has to be held for 6 months before this goes anywhere. Can you please explain this when this is an overpayment by $700. Even if the account was copletely paid up to date there would still be $400 dollars left over. They say that this is a law but when I ask the IRS they say it's not a law of federal. Can someone please explains this to me and maybe tell me what actions I need to take in order to get this money sooner then six months? Even if I file the injured spouse now I will only get part of this money and not all of it back. I am confused please help.
Answer The FMS tells the IRS what to withhold. FMS told the IRS to take whatever it was that was taken from the refund. You can try and file an injured spouse claim, but it will probably take the entire 6 months that way also.
Your only real sure bet is to just wait to get the refund from domestics. Sorry.
