My state refund is being held due to my wife allegedly owing back unemployment i am not responsible for the debt

[Bsch4477]

Is the IRS holding the refund or your state?

[Opus 17 · Accepted solution]

State unemployment is one of the 4 types of debts the IRS can collect.  It's considered a federal debt because the program is ultimately underwritten by the federal government.

When you file a joint return, you agree to be jointly and severally liable for all the taxes, financial information and debts of both spouses.   That's just the law.  And after the April 15 deadline, you can't amend to file as married filing separately.

If the debt occurred during the marriage, there is nothing you can do, except maybe file separate returns next year to stop future holdbacks.  

If the debt occurred before your marriage, you can apply for injured spouse relief.  That is described here, and is a separate form you would fill out and send to the IRS to ask them to consider sending you your share of any refund.

https://www.irs.gov/individuals/injured-spouse-relief

Innocent spouse relief is something different, it is a request to be relieved of a debt incurred by your spouse during your marriage. You have to argue that your spouse took on this debt without your knowledge, and you can only request this relief after you are divorced.  As long as you are married and file a joint return you are jointly responsible for everything that happens during the marriage.