Can we get tax refund back from student loans?

[chelly2200]

My husband has ignored his student loans debt for many years until a few week ago he got a letter warning they were going to take it from his pay. So he finally set up a payment plan that worked. The problem is now they took our refund without any real warning. We thought making a plan was to avoid them taking our money and all the times we were on the phone with them talking details, sending paper work, not once did they say still could or planned on take our money.

[TomD8]

Check your installment agreement.  Normally a condition of your installment agreement is that the IRS will automatically apply any refund due to you against taxes you owe.

[chelly2200]

As far as I know there was never anything about taking our refund. I only have the proposed wage garnishment paper work at the moment. That's only threatening to take 15% of wages if we didn't appeal or set up a plan.

[TomD8]

If the IRS offset your refund, they will be sending you a letter of explanation.  As I said, even if your husband had set up an installment plan with the IRS, they could still offset your refund.

[chelly2200]

With that being said I am guessing there isn't anything we can really do about it?

[TomD8]

There is one thing.  If you and your husband filed a joint return, you can protect your portion of any refund by submitting Form 8379, Injured Spouse.  This TurboTax FAQ explains how to do that:  <a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation">https:/...>
You can submit Form 8379 by itself; you don't have to amend your return.