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  1. #1
    Heidelberg Barb Guest

    Tax Refund interception- how to stop

    What is the name of your state?Virgina

    A university in Maryland has stated it will intercept any tax refund coming to my spouse, from whom I am legally separated. My spouse maintains an out of state address but is also living in another country and has no income taxes taken out in the USA. My spouse files separately.

    My question is this: if I am legally separated and filing as a single person, not jointly, can my tax refund be intercepted? Must I notify the state tax department? Must I notify the Fedeal tax department?

    The notification did not state whether this would be at the state or federal level.
    Last edited by Heidelberg Barb; 10-19-2004 at 07:28 AM. Reason: missing information correction
  2. #2
    Snipes5 is offline Senior Member
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    That depends on whether or not you are liable for the debt.

    Snipes
  3. #3
    Heidelberg Barb Guest
    Quote Originally Posted by Snipes5
    That depends on whether or not you are liable for the debt.

    Snipes
    The debt was incured after we were separated.
  4. #4
    nextwife is offline Senior Member
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    LEGALLY seperated?
  5. #5
    abezon is offline Senior Member
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    Then it's her separate debt & the IRS can't touch your refund. If you have a court decree of legal separation, you file as single or head of household, not as married separate.
    This post does not constitute legal advice, nor does it create an attorney-client relationship. Postings are based only on the information provided and you should consult an attorney in your area before relying on information contained in this post.
  6. #6
    Heidelberg Barb Guest
    The separation is legal and filed.

    I am curious, if I were to file jointly, would the refund then be subject to interception? Would they take a portion of it?

    Filing jointly gives one a better tax break then 2 filing singly and it has been discussed.
  7. #7
    abezon is offline Senior Member
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    You can't file jointly; you're single for tax purposes.
    This post does not constitute legal advice, nor does it create an attorney-client relationship. Postings are based only on the information provided and you should consult an attorney in your area before relying on information contained in this post.

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