Is there is a form I can file with a joint return to prevent my husband's creditor from garnishing my income for his college loan?

[Adrienne-Mullinax]

My husband has a college loan that was incurred before our marriage. I've been told that even though the debt is not mine, ½ my income is considered my husband's. So, if I file a joint return or have joint assets, the lender can garnish my wages. Is there a form I can file that would prevent Nelnet from taking my income to pay my husband's debt. I don't think Injured or Innocent Spouse forms would work because I'm not disputing tax payments or refunds. I can continue to report under Married Filing Separate, but then I don't get the associated benefits of that.  The Turbo Tax agents weren't able to answer this and tried to have a CPA call me, but I never got a call back. Thanks for your help!

[WillK]

You can file what is called an injured spouse form or innocent spouse form to let the IRS know that part of the refund is yours and should no go to your husband's debt since you are not associated with it. To get the form to follow these steps:

1. Log in to your account

2. Click on continue my taxes

3. On the left-hand side is the menu bar, click tax tools

4. Click tools

5. Click Topic Search

6. Enter in innocent spouse

7. Click go