DanielV01
Expert Alumni

State tax filing

It depends.  The state has no say in the IRS' determination on Form 8379.  What Maine does is make a claim that either you or your spouse have a debt for which the IRS may offset your refund to apply to the debt.  At the state level, these are usually on back (delinquent) state taxes or delinquent child support.  But they don't have a say on how much is sent.  The IRS, and only the IRS, determines how much of a refund is offset and applied to a debt.

The debt you described may not qualify for being offset.  But you can verify this yourself by following the instruction found at this website:  Topic No. 203 Refund Offsets for Unpaid Child Support ... - IRS.gov

What Maine is saying about Form 8379 is that they do not have an Injured Spouse provision at the State Tax Level.  That has no effect on what the IRS determines for your Federal Refund.

  

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