IRS Form 8379- Injured Spouse Form

posted in: General | 114

How long does it take to process a form 8379?  That was the question I asked this year back in February. I also asked how is a tax refund
treated when form 8379 has been filed? I got many answers from experienced tax filers. 


So, the IRS states that it taxes 11 weeks to process a return if file electronically with form 8379. Then 14 weeks to process are return with form 8379 if mailed. You are only concerned about the process it takes if you actually had to file this form.


Why would you file form 8379? Well, if you are married and your spouse has past due obligations that have affected their tax refund
then in order for you to get you part of the funds, you can file form 8379 and the IRS will give the injured spouse their portion of the refund. The other part will go toward the obligations.


My first question was, does it really take 11 weeks to process if it is file electronically. Some of the answers that I received stated:


·     I mailed my injured spouse form after filing my return by e-file and it took exactly 2 months to receive my tax refund

·     Last year, the time frame degraded to 16 weeks.

·     Yes, it takes that long. I filed my brother’s last year and it took that long.


Then when asked if you file form 8379, where you happy with the amount that were refunded back to you, was it fair? Some answers I received were:

  •  No, I have never e-filed a injured spouse form. I have always mailed mine in after I filed my tax return (because then it only takes about 8 weeks to be processed)than if you file it with the tax refund
    it takes about 11-14 weeks to be processed
  • Yes, I was very pleased with the results because I always got all of my tax refund back and including half the rebate last year. Please be sure to write “injured spouse” on the top left side of the form before mailing it.
  • We did last year. We filed taxes last year and then sent in the 8379 on May 12th. We finally received the refund the first week of September. We were very happy with the amount received, but the time it took and the runaround made us weary. It is a great service, I am fighting about my student loan because it has been paid but they are still showing an outstanding amount. Still this year it isn’t resolved, hopefully by next year it will be. This year we filed the 8379 electronically with our return so here is hoping that it will be much quicker.


Well based on experience I can tell you the most honest way to file your taxes when a spouse have a past obligation that may affect your return such as, defaulted student loan, child support, taxes owe to IRS, or something along that line is to file as married filing jointly and submit a form 8379 with your return.


From experience the processing time for 2009 when a return was file electronically was 8 weeks to receive the tax refund check in hand. So, the processing took approximately 7 and the check was mailed putting it in hand by that 8th week.   The IRS sites stated for a while that there has been a delay in processing and please call them and reference code 1201 when speaking with and representative. Like I said it said that it takes up to 11 weeks to process if filed electronically and up to 14 weeks to process if mailed. 


As far as the results as to the tax refund, the refund was split down the middle. Even though one spouse worked all year long while the other may not have had a job it still was split equally.


Be sure to use Turbo Tax for all of you tax filing purposes! I prepared many returns this year for friends and family and I always used turbo tax. So, as I experience different situations with different individual, I will continue to share the experiences.





Helpful websites:

Go here to check the status of your refund by selecting “Where is my refund”. You must have at hand your social security number, your filling status and the exact amount of your refund.

114 Responses

  1. ashlea

    filed on 1/28 mailed form 1/30 was told by irs 2/22 form was recieved 2/3.. spoke with irs today(3/6) and was told to give up to 14 weeks to process form. The letter from the treasury does say 8 weeks.
    Last year it took exactly 11 weeks. I was hoping with all the quick turn arounds I am seeing this year I’d have the same luck, guess not.

  2. melinda

    I received my full amount on my H&R block card at 12:32am March 14th. Filled Jan 24th excepted Jan 25th first time IS filer. 7 weeks to the day! Good luck everyone. Thought I would give an update 🙂

  3. melinda

    Received money 12:32am on H&R block card filed 1/24 excepted 1/25 first time IS filler. Good luck with everyones coming to them SOON!

  4. I efiled in Jan and didn’t know they could take my money for my ex’s bills! My husband and I filed for a divorce last year, but since it wasn’t final yet we did our taxes joint. I didn’t even know he owed an old student loan. I was the only one with any income the whole year. When I realized this, I turned my injured spouce form into my local office and they said, “Allow about 8 weeks.” It has been almost 8 weeks and I’m anxious. However, everywhere I read says not to panic until 16 weeks! I worry really bad about things. I am the only one caring for our daughter and she needs supplies and clothes for Kindergarten and I don’t get any help at all financially from him. He doesn’t work. I’m so upset. I owe our lawyer some money before the divorce is finalized and I’m between a rock and a hard place because I can’t get my divorce until I get the tax check. I feel so upset about all of this.

  5. justin

    I also efiled, and sent my.injured spouse form in after finding out they had ofset my refund. I didn’t know until my refund was supposed to be dd. I sent the form in around Feb 8th. I was told today that they are sending it on the 13th of April. Also said that they are not direct depositing it and will be sent in check form. I do owe turbotax fees so not sure how that works but I’m just glad to be done with it. I was the only one earning income and I’m getting my full refund amount sent to me.

  6. Miriam

    My husband called today and they said since we filed an injured spouse form that they can’t dd our money. So, they’re gonna mail it out on the 27th and we should get it by the 11 of May. What I don’t get is why their website says it can’t be dd into more than 1 account.

  7. hi all just wanted to check if anyone still checks on here and i can ask my question regardin 8379.
    i filed with ex wife at the time think she owed 5k she was makin good money and was around 3k as i just started new job.
    now divorce files single last year and got cp42 notice the offset my refund for the amount “she owed” in our last return.
    now am newly married and don’t really know where to start. we in tx which is com-property state…so file separate but she will lose due to that filing the credit for her brother that she is to claim or we just file jointly and she makes more so file the 8379 IS plus the 8857? thus whatever i supposedly get refund just offset past due or i can still file 8379 for last year and mail that and just e file jointly for this year?
    confused and appreciates help! thanks

  8. my ex wife lives in KS which isnt list as community property tax state

  9. my ex wife lives in KS which isn’t listed as community property tax state

  10. Jay, it sounds like you should call the IRS and ask them which one you need to file, I wouldn’t file both. The number for questions is 1-800-829-1040. There is another website that is very Hope this helps.. Good luck. I will check back to see how your doing.

  11. Randall ward

    I can’t find any information out about my 2012 taxes I filed injured spouse 2/19/2013 why is it taking so long and how can i know they recieved my forms from my tax preparier. Thanks

  12. Hi, we file an injured spouse form every year and have always mailed it in through H&R Block and since they were charging us so much up front (almost $600 last year) we decided to go to an accountant this year, and we paid nearly nothing to have our taxes done, but he E filed our return this year. We got our state check back in exactly 7 days, but here we are still waiting for our federal return and it has been 11 weeks and nothing???? In past years when we have mailed our return in, we haven’t ever waited this long, last year it only took us 4 weeks to get our return, and in other years it hasn’t ever taken more than 8 weeks at the longest to get our refund back. I am not sure what is wrong this year???

  13. Question? My husband and I were married in 2008 and have filed 8379 every year (due to past child support obligations) and every year I have always gotten back the full amount on our federal return due to me making 75% of the household income (we are not a community state) This year however our accountant made an error on the 8379 form cause my return to be over $800 less than expected. We filed the amended form right away along with a letter from our accountant and even sent it certified BUT my husband’s ex still got the money. What happens now? Will the irs issue me the money owed to me since they have the amended form? Does my husband’s ex have to pay it back?

  14. Hi Rhonda, from an experience from the IRS a couple of years ago. I had a sibling that was in the similar situation but it was a community state. Anyway, the IRS issued the refund that was originally due based on the amended return, they did not wait till they received a refund to issue a refund. They processed the amended return and issued payment and then went after the other parent which received funds based on the original return. So to answer your question, Your husband’s ex will have to pay back the money and the IRS will handle that and they should issue you a refund based on what is due to you. Good luck!!

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