Tax guide

Is my stimulus payment protected if I filed an injured spouse claim?

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I filed an injured spouse claim on my taxes but our entire stimulus payment was garnished because my spouse owed back child support. I thought my portion of the stimulus was protected since I filed as injured spouse?

If you filed a Form 8379, Injured Spouse Allocation in 2019 (or 2018, whichever was most recently filed), the IRS will send your portion of the stimulus payment in late August. You don’t have to take any action to claim it—the IRS will automatically send you a check in the mail.

If you didn’t file a Form 8379 and had your half of the stimulus payment garnished, you don’t have to file a Form 8379 or take any other action. The IRS will automatically provide your portion of the payment at a later date.

You can check the status of your payment by using the Get My Payment tool, available on IRS.gov.

 

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