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  1. A non-custodial parent receives a notice from the Internal Revenue Service (IRS) indicating his tax refund was offset and given to Guam's child support enforcement agency. The non-custodial parent's spouse had not turned in an "innocent spouse" form until after receiving the notice. The non-custodial parent demands half of the tax offset released to his spouse immediately. What will happen?
  • The non-custodial parent and his spouse must file an "innocent spouse" form with the IRS, not our office, so the innocent spouse's share of the refund can be processed. Our office must wait for the IRS to process the form.

    We cannot refund her portion until the form is cleared will the IRS and we receive a response form the IRS. To avoid this situation, the innocent spouse form should be filed at the same time the income tax return form is filed.