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What can I do legally to get my portion of an IRS tax offset back from child support agency when I filed injured spouse on taxes

Akron, OH |

Child support agency illegally took my injured spouse portion and applied it to my husband's child support account. I filed the injured spouse form to protect my portion which is 90% and my husbands 10% and contacted the child support agency multiple times before the funds were applied and they gave me the run around and didn't document our conversations, My ohio refund was 1165.00 and my husband receive a check for 115.00 and I didn't receive any portion at all. I filed in June 1 received the letter of offset on June 2-10 then called irs and child support talked to the case worker on the offset letter multiple times to get the run around. How can they take my 90% and applied to arranges and refund my husband 10% without taking in account that the 10% should be applied to rearrange instead

I am sorry I meant (arranges) to applied to the his back child support

Attorney Answers 2


You can try a couple of things. If the IRS correctly processed your injured spouse form but turned over the funds to ODJFS anyway, you can attempt to get them to require ODJFS to return the funds. I don't do tax so you would be better talking to a tax attorney on how and whether that's possible. The other front is to file a complaint against ODJFS if you are given an option to request a state hearing on the notices you get from them. Barring that you can file a complaint in the Ohio Court of Claims against ODJFS but they may attempt to claim that the money was after all turned over to them by the IRS and they have no choice but to process it. So you will still need to make sure that the IRS processed your injured spouse form and/or notified ODJFS that the payment was made in error and they should send it back. In general you should never, ever, ever assume with a bureaucrat that they will document your conversation. Keep a notebook of who you talked to and when and what was said, and follow up with a letter, fax or email to them that confirms what was said. Hope that helps and come back and tell us how it worked out.

For informational purposes only; not intended to, and does not, constitute legal advice or a legal opinion.

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You probably should contact the IRS Taxpayer Advocate Office and see if it can help you obtain the refund to which you are entitled. The facts that you have outlined are somewhat confusing but it appears that 90% of the tax refund (your portion) was applied to your husband's child support arrearages owed to you, which appears to be improper because you have obtained injured spouse relief. Here is a link to the IRS Taxpayer Advocate Office in Ohio.

Good luck in resolving your tax problem!

The answer to this question does not establish an attorney-client relationship. Moreover, this attorney is licensed to practiced law ONLY in the State of California. Answers to questions from users in other jurisdictions or states are meant to provide only general information. Users should contact a local attorney in their jurisdiction or state to address their specific tax issue.

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