Update to this post yesterday: http://www.steptalk.org/node/213866

Kind of thinking out loud but would like any opinions or feedback in case there isnt something I thought about.

Tax refund was $2600. I filed injured spouse form with taxes. Received $800 yesterday. Assumption is the other portion $1800 is going for back child support. I think the IRS messed up somewhere since I am the one with the dependent (my BS, not DH's kid)and the credits, exemptions, etc. The higher portion of the refund should be "mine". (The $1800)

Original plan was to send a letter to the IRS disputing the amount they are witholding.

My bottom line is I feel that they are taking my credits (my money) to go towards DH's back CS. Bottom line, I dont want BM getting any of my money. I dont care if its through my DH or anything to do with him. Not my debt, not my problem.

DH and I very much have seperate finances. We split any mutual costs in half. Everything else is "his" or "mine". That works for us. This is only our second year filing taxes together (we got married in October 2013) so next year not sure how we will split taxes. But for purposes of the issue at hand, the IRS determines his "portion" and then rest is mine. Last year they determined $600 to be "his" and the rest ($2000+) was "mine".

However, I have been doing some thinking.

DH owes $1600 in back child support. He is paying $300 a month on it. He will most have the arrears paid off in 6 months. Once those are paid, he will only be paying around $650 per month in CS for YSD.

So my thought was not to dispute the current tax issue, or what I see as the issue. Just allow CS to take the funds ($1800) pay the back child support ($1600 as of today, will be less by the time they process it) and then they will send the remaining back to us.

The benefit is that I dont have to work with the IRS and spend my time and energy trying to get the issue worked out. Mainly I dont have to have BM in my head. Back child support will be paid off. We hopefully wont ever have to file the Injured Spouse Form again. Once back child support is caught up, it one less thing that we have to deal with BM on.

I sent the following questions (from DH's account, as DH) to CS:

Can I request the offset amount be disbursed for back child support ASAP?

If I can request it to be disbursed ASAP, how long will that take?

How is any overage refunded back to me and how long does that process take?

There will be no errors in the overage amount being applied to BM, correct?

CS responded back with:

We have to wait for the IRS to send the funds, it can take up to 90 days for them to get here from the time you filed.
If your wife doesn't file the injured spouse form but want the funds released to BM sooner, there is an affidavit you and your wife will have to sign and have notarized authorizing us to release those funds before the 6 months is up. When the funds come in and are applied to yuor case then only the arrears will paid and the rest will be sent back to you. No more than is owed to BM will go to her. IF you decide to have funds released to BM through the tax affidavit then once those are dispursed to her the reamining amount owed to you will be sent back to you in a check form as long as we have your current address on file.

**Note I already filed the Injured Spouse form but didnt state that in the email to CS.

My main concerns with going this route was #1- the funds sitting out there for 6 months (like last year), rather just have the arrears paid and be done with it and #2- accidental disbursement of all of the funds to BM. Because by the time CS gets the funds, the arrears will be a lot less then what they are now (estimating 3 months from now, DH will owe around $700 and they are holding $1800) but I feel like the email from CS aleviate some of those concerns.

I think just letting the funds go to back CS is the best route. DH can just be done with it and I will just take the remaining funds that they send back to us.

I just want to make sure I am not missing something. Sadly in step world and with BM, its like I have to make sure all of my ducks are in a row and i's are dotted and t's crossed and double check every little thing and doubt my decision.