LdiJ
Senior Member
There is one more reason why they hold the refund, and that is to make sure that there were no mistakes on his tax return that would cause the IRS to take the money back. Unfortunately, the problem is that the IRS can snatch the money back from the state and there is nothing that the state can do about it. If the state has already disbursed the money to you, and the IRS snatches it back, then the state would have to collect the money back from you.
So its not just whether or not your ex disputes the offset or has a spouse who would file injured spouse (not innocent spouse as was previously stated).
