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Old 02-14-2012, 02:22 AM
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Separation and refund help- tax advocate not helping

My husband and I separated in Aug of 2010. I have three kids, and in 2010 I filed through H & R block and I had to enlist the help of a tax advocate since my refund date changed and it dragged on with the IRS from Feb-June. In June I finally got my full refund due to hardship. There are back taxes due for three years when we filed jointly for his self employment and him never paying the quarterly estimated taxes. My ex has been on an installment plan with them. However last year they were going to apply my refund towards it but I explained to my Tax advocate that I was in hardship and he was able to get it for me. This year I filed HOH, since thats what the H7R block guy told me to due since I had the kids full time for 2011 tax year (where in 2010 I only had them on my own from Aug to the end of tax year) I e-filed with direct deposit and was due a refund. I did that on Jan 24th and it was accepted by the IRS on the 26th. I had an estimated date for Feb 1, but when I checked the IRS where's my refund it said it would be deposited on Feb 8th. In the mean time my friend lent me money to cover rent, and it was supposed to be short term since I showed him the where's my refund and the Feb 8th date. Woke up on Feb 8th and nothing was there, checked site again now it says processing and within 6 weeks. I called IRS since not having the refund was going to create issues paying my bills and supporting my 3 kids. I get paid bi-monthly and work through DDD which the state just recently cut hors and pay (developmentally disabled children) so I only made $16k last year. The IRS agent said to be patient that due to the system it bounce people out into limbo. I waited and called again and this time I was told to wait the 6 weeks but I explained I'm in desparate need of the refund, so they mentioned the tax advocate. I remember how much of help they were last year. I'm assuming its due to the same issue of back taxes. However this time I call tax advocate, had to explain what my hardship was and then I was assigned a case and an advocate. This advocate however is of very little help. Right off the bat she says my refund is going to go to back taxes. I told her I'm in hardship and going to face a more severe hardship without this refund. She asked what was my hardship and if I could so proof and to fax it over within a few days. I faxed over within an hour of talking to her, the approved forms to show I had to apply for food stamps, medical coverage. I also had to reach out to programs for my utilities for hardship and low income and showed I was approved, one just recently since I was awaiting my refund. I also sent over my lease to show rent, my pay stubs to show how little I make, the two judgements I have currently, one is garnishing my pay, sent proof of that, and once case just got a judment against me for $8k+, which I sent over as well. I also sent over proof of over $30k in medical debt, for emergency appendix surgery for my daughter in 2010, which is now in collections against me. The promisory note between myself and my neighbor who lent me my Feb rent, and my bank alert I recieved today showing my account dropped below $100, and my next pay isn't until the 23rd. This advocate tells me I'm not facing a hardship? Is she nuts? I'm worse off then I was last year, I made less money and the advocate last year had no problem helping me and getting my refund back. When I tell her that she says well I don't know how that office got it approved. She won't even sent it over to her manager to look at since I'm not in immediate "eviction" or utilities shut off??? Thats where I will be if I don't get the refund. Also how is it fair that my full refund goes to back taxes when I make so little and it leaves my ex then with no liability?Is there anything I can do? Am I entitled to this advocate to at least try and submit the documents to the IRS? Isn't that whats she is supposed to do? Should I call and talk to the IRS myself? Or ask for a new advocate or her manager? I'm panicing and freaking out. I don't know what my kids and I will do without this money, this is how I will survive and pay my bills. How am I not in hardship? Any help is much appreciated. Time is running out, she told me she will give me til the morning to gather any more that can proof I'm actually in hardship?



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