Is the return of wrongly collected state taxes possible?

What is the name of your state? WI

While looking for information for another thread I found some information I'd missed some years ago, when I was younger and dumber.

Back then I'd received notices stating that since my income taxes were married filing jointly I was responsible for my husband's "Reasonable expenses of pregnancy and confinement" of $1, 224.00. His mistress became pregnant and gave birth via c-section courtesy of the state. Since I was working at the time, the state took money out of my tax return for two years. I was advised by the IRS to file an "Injured Spouse" form, which protected me from losing more than I did. The fact that my husband earned no income and was only there as a tax deduction was irrelavant.

Now, so many years later, I see this order. And in the middle of the page is something I must have missed in my emotional distress: That the tasable expenses of the action shall be repaid as follows: a: Reasonable expenses for pregnancy and confinement: no current repayment determined based on Respondent's current income at poverty level.

Am I to take this to mean that since I'm the step-mother I have no obligation to pay this and, as such, was robbed of my tax refund? I know they took a hell of a lot more than $1,224.00 but I couldn't even think straight enough to get through the day half the time, let alone fight for my rights. Hell, I gave birth three weeks after she did!

Ginny, I've read your words of wisdom for others. Please give me some good news or at least point me in the right direction to find the right answers.

You can only go back 3 years. I believe this was much earlier than that, so unfortunately no. You have been a much better person than I would have been under those circumstances - mine saw the door.

Ginny J said:

You can only go back 3 years. I believe this was much earlier than that, so unfortunately no. You have been a much better person than I would have been under those circumstances - mine saw the door.

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That's kinda what I figured. Those deadlines they put in there to save their own butts & don't tell us about & put in the clauses that they can't be responsible for giving incorrect information. Those are the things I always end up getting caught up in. Thanks anyway, Ginny

On your other thread, you may want to see about modifying the medical clause with the 50/50. There should be something in there that they have to come to some agreement over (you fill in the amount) dollars for non-emergency medical treatment.

Ginny J said:

On your other thread, you may want to see about modifying the medical clause with the 50/50. There should be something in there that they have to come to some agreement over (you fill in the amount) dollars for non-emergency medical treatment.

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Thanks for the suggestion, Ginny. I'll make a point of mentioning that to the attorney. There's so much we never even thought about at the time. We've been so busy putting out the current fires we haven't had a chance to see if there were any we could prevent, like that one. Hopefully someone sees these threads & learns from my dumb mistakes!

mamisaseam said:

Thanks for the suggestion, Ginny. I'll make a point of mentioning that to the attorney. There's so much we never even thought about at the time. We've been so busy putting out the current fires we haven't had a chance to see if there were any we could prevent, like that one. Hopefully someone sees these threads & learns from my dumb mistakes!

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If you filed the injured spouse form for the years in question, you may not have lost more than your husband's contribution towards the tax refund. I realize that is cold comfort, but you did benefit from the "married filing jointly" tax rates, so its likely that you came out better than you would have if you had filed "married filing separately".

LdiJ said:

If you filed the injured spouse form for the years in question, you may not have lost more than your husband's contribution towards the tax refund. I realize that is cold comfort, but you did benefit from the "married filing jointly" tax rates, so its likely that you came out better than you would have if you had filed "married filing separately".

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That's what they told me at the time, but the point I was trying to make to them was that he didn't actually make a contribution per se. I was the only one actually working and paying taxes. All they were taking was what I'd overpaid.

A friend of mine is a former senator. I talked to him about this a little in passing & he's checking into it for me. He says it doesn't sound right, especially considering the fact that my husband was not ordered by the court to pay this, due to his income. Also, the wording on the form disqualifies him as he was not behind in any support payments as he was not ordered to pay any. So, according to my friend, they had no right to contact me in the first place. So we'll see what happens. I don't expect much, but it would be nice to get my money back (yeah, right)