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 » From: Irvine, CA Dear TaxMama: Last year, the CA Franchise Tax Board kept my $900 state tax refund, sending a letter that my wife had been overpaid for SSI and disability benefits. Now we are divorcing and I would like to know if I can get that refund refunded to me, since we have separated. Any chance I can request that refund? Is there some form I should complete? Thanks for your response. Jim Dear Jim, How ironic. Essentially, your own employer, the state, is taking your money. Well, California does have an 'innocent spouse' program. Read through this and I think you will find the tools and directions to help you get your money back - if you qualify. (See: Innocent Spouse Program). Bear in mind, you were married and still living together when she received those disability payments. So, you benefited from the money. It's likely you may not qualify. But read the data through a couple of times until you find a way to present your case in the most favorable light. Good luck! Best wishes, Eva Rosenberg Your TaxMama  |
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