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FAQs - Frequently Asked Questions
ECONOMIC IMPACT PAYMENT – AKA STIMULUS PAYMENT
If you owe past-due child support your Economic Impact Payment (EIP) will be offset by Child Support. If you filed taxes jointly, your spouse will receive their portion of the EIP from the IRS. • If an Injured Spouse Form 8379 was filed along with your taxes in 2018 or 2019, the IRS issued the non-liable spouse their portion of the EIP in early to mid-September. • If an Injured Spouse Form 8379 was NOT filed, there is no need to file it now. The IRS will automatically issue the non-liable spouse their portion of the EIP.
Q. Does the non-liable spouse need to file the Injured Spouse Form 8379 with the IRS to receive a portion of the EIP?
A. No. The IRS will automatically issue a portion of the payment to the non-liable spouse. In some cases, the non-liable spouse’s portion of the EIP was already offset for past-due child support. The offset funds will be returned to the IRS. The IRS is sending the non-liable spouse their portion of the EIP.
Q. Child Support is currently holding my joint tax refund/EIP. Why is it being held?
A. Law allows Child Support to hold these payments up to 6 months. Due to the pandemic, and the IRS issuing joint EIP payments to Child Support and now recovering that amount from Child Support, the hold time has been extended to December 31, 2020.
Q. How do I know if the offset payment will be held for more than 6 months?
A. Joint offsets received between May 6, 2020 and July 4, 2020 are subject to a longer hold period.
Q. What if my spouse and I want the entire EIP to go to past-due support?
A. Once you receive the payment from the IRS, make a payment to Child Support. See payment options for a list of easy ways to pay.
Q. Does the non-liable spouse need to file the Injured Spouse Form 8379 with the IRS to receive a portion of the tax refund?
A. Yes. Injured Spouse Form 8379 must be filed to receive a portion of the tax refund. Visit IRS.com for more information on Economic Impact Payments.
No. Payments must come through the State Disbursement Unit when the payment is based on a North Dakota court order or another jurisdiction's order being enforced in North Dakota. This ensures there is an official record of amounts paid and any balance owing. You may not receive credit for payments made directly to the other parent. If you already made a payment to the other parent, contact the clerk of court in the county where your support order was issued to discuss options for getting credit for your direct payment.
Review your court order to see if the support amount changed when your child turned 18 and graduated from high school. Some court orders provide for a 'step down' support amount as each child turns 18 and graduates and some orders do not include the 'step down'. Contact the clerk of court in the county where your support order was issued to get a copy of your support order.
The child support obligation begins and ends based on the dates provided in your court order. In North Dakota, most support obligations end when the youngest child turns 18 or the last day of the month the child graduates from high school, whichever happens later. Most North Dakota court orders will not continue past the age of 19, even if a 19 year old child is in high school. Contact the clerk of court in the county where your support order was issued to get a copy of your support order.
The support amount doesn't automatically go up or down when the income of the parent who pays support changes. The support amount is based on a court order. It takes a court order to change the support amount. One of the services provided by Child Support is a review and adjustment of the support amount. This service is provided on cases receiving Full Services.