Federal student loan offset?

Question

I filed my taxes and I might have my taxes offset for a student loan I defaulted on. When I filed I files married jointly for the first time. Will my wife get her half of the refund back, or by marrying me, does she take on my debt? Thanks

Answer 1

IF a joint return is filed the complete refund will be offset to pay your debt, unless the non obligates spouse completes form 8379 requesting Injures Spouse. the IRS will compute the refund based on her income, withholding and tax liability when reviewing the form and her W-2 information.
It is recommended that this form be filed with your return every year that the obligation is open, but she can still file it now and be eligible to get her portion of the refund. It will take 8 to 12 weeks to process the Injured Spouse Claim

http://www.irs.gov/pub/irs-pdf/f8379.pdf

Answer 2

Your wife needs to file an Injured Spouse Allocation form, Form 8379. This should have been filed WITH your return but can be filed after-the-fact.

The IRS will determine how much of the refund is due your wife and will pay her that amount. State law will figure into the calculation. In a community property state she'll generally get half of the refund regardless of the proportional share. In other states she'll get a proportional share based upon her income and how much tax was withheld from her pay.

Answer 3

She won't get her part automatically, but can file an injured spouse form and maybe get something back. It would be the portion of the return that is due to her earnings and withholding, not half of the refund.