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yourchamp23 asked:
My wifes checks are being garnished for unpaid school loans. If I file taxes as a joint married status would ALL of our return get taken away? Or would it just a % of it?
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Tags: Checks, File Taxes, School Loans, Wifes
September 5th, 2008 at 5:49 pm
All of it would be taken, UNLESS you also submit an injured spouse form. In that case, they would apportion the refund between you and your wife, and only your wife’s portion of the refund will be taken.
September 6th, 2008 at 3:57 pm
Anything with her name attached is fair game. This includes tax returns, banking accounts and property.
September 6th, 2008 at 6:06 pm
if u were not aware of the debt b4 u married u can file an injured spouse form this will allocate earnings tax paid exemptions etc so that what u made and paid in are not included in the amount that is kept to repay her debt…just did one of these tonite…the family was very happy (esp the spouse)
September 7th, 2008 at 1:59 am
you need to file Form 8379 “Injured Spouse Allocation” to avoid having your entire refund garnished.
you would be considered the “injured spouse.” after you finish your joint return, fill in this form. enter your wages, withholding etc. that you would file as if you were filing separate. the IRS calculates how the refund would be allocated to each of you and you will receive your refund youre entitled to.
attach this form to your return. YOU MUST MAIL IN YOUR TAX RETURN. this form cannot be e-filed. be advised that your refund can take at least 8 weeks to arrive. from past history, it takes awhile for the IRS to process these forms.
email me if you need help filling it out.
September 10th, 2008 at 4:07 am
Yes, it will get taken. Let it happen though- it will be over with sooner!
September 12th, 2008 at 11:05 am
All of it will be taken unless you file an Injured Spouse Allocation form. You should file a paper return and attach the form to the top of your return.
Do NOT e-file! If you do, your return and the refund capture will most likely be processed before they get the Injured Spouse Allocation form. Processing those after the fact can be done but it can take months to get your money.
Filing an Injured Spouse Allocation form does not guarantee that you will get anything. If you had no income, you’ll normally get nothing. If you’re in a community property state, you’ll generally get only half of the refund even if SHE had no income.
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