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I havent worked in the last year, I am in default in my student loan.
If my husband claim me and our kids as a dependent on his taxes will they garnish his income tax return ?

2006-10-20 17:07:54 · 8 answers · asked by mike_callie2003 1 in Business & Finance Taxes United States

8 answers

Wow, I'm amazed at the other answers. This is a common question in the tax business. The simple answer is that yes, the IRS can hold his refund against your student loan. They could also hold you liable for his back child support (if it existed) or tax balance due.
But, there is a way out. If you file a joint tax return, you'll simply file an "Injured Spouse" form with the return, which shows the approximate amount of each spouse's contribution to the refund. (In your case, your husband is the injured spouse, which means they could hold your debt against him) They will then issue him his refund, and keep only your portion. In your case, they are unlikely to keep any of it.
There is another issue here, and I just want to make sure you're clear. Even though you didn't work, you are still eligible to file a joint return with your husband, which is usually the most advantageous way to file. The two of you then claim the kids as dependents.
If you need more assistance, please contact me.

2006-10-22 14:26:35 · answer #1 · answered by Katie Short, Atheati Princess 6 · 1 0

If you file a joint return, any return can be held to apply to your default. If he files Married Filing Separately, he can't claim you as a dependent. If you owe a small amount at the end of the year, there is no refund to be held.

Pay back your loan. I don't want to.

2006-10-21 13:05:23 · answer #2 · answered by STEVEN F 7 · 0 2

How is being in default on your student loan any different than being on welfare? Get your grimey paws out of my pocket and pay off your loan.

2006-10-21 04:13:55 · answer #3 · answered by porkchop 5 · 0 2

I think that they can since you are filling a joint return. My suggestion is to start to pay on your student loans again quickly before the federal government starts to attach your husband's wages.

2006-10-20 18:35:06 · answer #4 · answered by andy 7 · 0 2

No I dont think so, because one of my friends dropped out of college and she files her taxes every year and shes never said anything about the student loan.. I think when they want it.. you will know, you will

2006-10-20 17:10:06 · answer #5 · answered by Giggagirl 6 · 1 2

Were you married before or after you entered into the student loan...there may be a loophole on that but it depends on the type of grant or loan you received...He May have to file a "Request for Innocent spouse relief"
look at these sites...http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=777dc255a9dcabf0bf9cd75e1595dc5c&rgn=div5&view=text&node=34:3.1.3.1.40&idno=34
,,,


http://asktaxmoms.com/backtaxes/

2006-10-20 17:23:26 · answer #6 · answered by ca_ruff 2 · 0 3

if you file together its a for sure thing. If you file seperatly depending on which state you are in but Texas debts. such as student loans become comminuty property so both will be liable.

2006-10-20 17:16:54 · answer #7 · answered by Kristi A 4 · 1 3

I have been in default for YEARS. They might be able to, but they ain't gonna. For reals.

2006-10-20 17:09:53 · answer #8 · answered by The Dave 2 · 0 2

If you'll file together yes, but he can file injured spouse and they will only take your portion.

2006-10-20 17:09:13 · answer #9 · answered by sisshonuff 2 · 2 0

That is a possibility

2006-10-20 17:09:14 · answer #10 · answered by Anonymous · 0 0

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