Wondering where your stimulus check might be? It may soon be on its way to you.

The Internal Revenue Service (IRS) has announced that about 50,000 individuals whose respective portions of the Economic Impact Payment (EIP, or stimulus check) were diverted to pay their spouse’s past-due child support will finally be getting their share.

These catch-up payments are due to be issued in early-to-mid-September

They will be mailed as checks to any eligible spouse who submitted Form 8379, Injured Spouse Allocation, along with your 2019 federal income tax return, or in some cases, their 2018 return. You do not need to take any action to get your money. The IRS will automatically issue the portion of the stimulus check that was applied to the other spouse’s debt.

This is consistent – albeit a little later – than was previously announced. The Taxpayer Advocate had advised that a fix was on the way. (You can read what other kinds of stimulus check-related problems the IRS and the Taxpayer Advocate are working on here.) 

Generally, you are an injured spouse if your share of your tax refund as shown on your joint return was, or is expected to be, applied against your spouse’s past-due federal debts, state taxes, or child or spousal support payments. 

In most states, liabilities (for purposes of tax offset) attributable to an individual remains the obligation of that individual. It doesn’t matter if he or she gets married or gets divorced. However, when a joint return is filed, the tax ID number of the person responsible for the liability may trigger an offset of the entire refund – that’s what happened with the stimulus checks. 

(You can find out more about Injured Spouse here and you can download Form 8379 here).

Initially, the IRS advised that if you are an Injured Spouse but did not have a Form 8379 for the return used to calculate your stimulus check and your portion was withheldyou need to fax or mail a completed Form 8379 as soon as possible. Now, the IRS says that you do not need to take any action and do not need to submit a Form 8379. There’s no date set just yet for a payment, but the IRS will automatically issue the portion of your stimulus check that was applied to the other spouse’s debt “at a later date.”

The IRS says that taxpayers can otherwise check the status of their Payment by using the Get My Payment tool, available on IRS.gov.

Author

Kelly Erb is a tax attorney, tax writer and podcaster.

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