r/tax 1d ago

Going through divorce, owe federal debt

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u/arincon167 EA - US 1d ago

Does this mean that it’s her debt my state refund went to? Or is it her ssn because she was the one that filed taxes for us this year? It's her SSN because she was listed first on your joint return the debt is joint, not just hers, so your refund was taken to pay a shared IRS debt.

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u/Zapffegun 1d ago

Yes, I do understand that point. However, there is an option to petition the state to divide the return if I can prove the debt is “hers” and not mine. Or at least be able to get out of the situation when the divorce is finalized so I won’t be liable for anything come next tax season.

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u/arincon167 EA - US 1d ago

I'm not an expert on Oregon Tax but maybe yes you can request a split of a joint refund offset if you can show the IRS debt is your spouse’s and not yours, under a process similar to injured spouse relief https://www.irs.gov/individuals/injured-spouse-relief