Help with unemployment repayment and taxes.

[adviceplease]

In 2007 I was awarded unemployment, my manager fought it and they sided with them and I had to repay.

I set up payment arrangements with unemployment at the amount of $20 a month. They stated that the minimum was $100, but I told them I was not longer working at all and went back to school. I have no income coming in so the most I can send was $20 since my spouse would have to pay that. They sent me and agreement to sign and I started payments. I admit that I have been late a few times because my spouse then was also laid off and they sent me a letter stating that if I did not pay they would go after my tax return etc. So I sent the money in before due date.

In 2007 they took our whole state return even my spouses part. It was in between when the payments started so it was to late to get back.

My questions:

If they did not send me a letter saying they are going after my tax return, can they?

Can they go after federal?

If they do take tax returns, will they send me something to get my spouses part?

I thought about calling the repayment center but then I thought if I did that they may red flag my return if they already haven't done so.

Thanks!!

[realbossman]

yes they can go after your federal refund and the state until the payments have been repaid your wife can file a Form 8379, Injured Spouse Allocation so she can get her half to the returns hope this helps and good luck

[adviceplease]

Thank you for the response. I tried to do it online when I filed and it would not let me. Will they send me the injured spouse form for both state and federal once they process it. How long do I have to return it? Thanks!

[realbossman]

If you filed a joint return and you're not responsible for the debt, but you are entitled to a portion of the refund you may request your portion of the refund by filing Form 8379 Injured Spouse Allocation. Attach Form 8379 to your original Form 1040 Form 1040A, or Form 1040EZ or file it by itself after you are notified of an offset. If you file a Form 8379 with your return, write "INJURED SPOUSE" at the top left corner of the Form 1040, 1040A, or 1040EZ. IRS will process your allocation request before an offset occurs. If you file Form 8379 with your original return, it may take 11 weeks for Electronic Filed returns or up to 14 weeks from the date of filing if you file a paper return, to process your return. you can file the forms you can call @ 1-800-829-1040 and ask them to either mail or fax the form to you so you can file it

[princess09]

I think, you have a good idea by saying that they must first send you a letter before you will pay your taxes. And it is also true that they must send you something to get your spouses part before they will go to federal. But for more information and for secure knowledge, you can visit Tax Attorney. They can help you better.