Recently we had this question from Ticked in Texas.

Bill Coen suggested a solution for her:

Isn't it possible to file the forms for injured spouse even if the tax return has been filed? It seems to me like this could be a possibility for this lady.

 

Hi Bill

Yes, she can.

She can file the Request for Innocent Spouse Relief on Form 8857.

But she's not apt to get any money back.

IRS has already issued the refund.

They have already paid the third party (which, in this case, is the agency collecting her own back child support).

I don't know if there is a structure in place to return that money to IRS so IRS can issue another refund.

AND when and if IRS does issue the refund, they will issue in the name of BOTH the woman and her ex-husband again, since they filed a joint return.

Oh fun!

But keep thinking. It's healthy!

Best wishes,
Eva Rosenberg, MBA, EA