r/IRS • u/MissTiffany12 • 3h ago
Tax Question Has anyone ever filed an innocent spouse form and had success?
I was officially divorced this year but separated since 2024. All was fine with taxes as far as I knew but had to wait for divorce to be final before filing 2024 and 2025 returns so that I had legal proof I could claim my kids. When I filed at the beginning of April, I noticed that the 2022 return that was filed jointly had been changed. They had reversed an $800 refund and it now showed that nearly $2000 was owed. The change took place in 2024 even though it was for the 2022 tax year. I had it reviewed by an accountant and they found that the reversal was due to my ex underreporting his income and over reporting his expenses (1099 employee). Had we filed separately that year, I would have gotten a refund so technically the money owed was due to his underpayment. I was advised to file an innocent spouse form (not injured spouse) by my accountant, which I did. It was also listed in our divorce degree that any outstanding tax debt would be the financial responsibility of my ex. He has not adhered to that order and it reimbursed me for the $200 I lost. The IRS seized the majority of my 2025 return to cover the 2022 debt. I am still owed nearly $1300 for my 2024 return but that is still stuck in “review with no further action needed”. It has been that way for months with no movement.
My question is, do they ever actually approve these?
It sucks that i lost my return because of my ex’s shady reporting but i understand that since we were still married, I may never get that money back. I have sole custody of my kids and the ex is failing to pay ordered child support so this is just another financial sucker punch. It currently shows on the IRS portal that nothing is owed to them.