My spouses outstanding student loans garnished our federal taxes, is there a way I can refile?

If you had income of your own that was entered on a joint return with your spouse, you can file an injured spouse form to seek the part of the refund that could be attributed to your own earnings.  If you are in a community property state it gets pretty tricky.

 

INJURED SPOUSE

https://ttlc.intuit.com/turbotax-support/en-us/help-article/spouse-partner/file-form-8379-injured-spouse-allocation/L3KVDvR02_US_en_US?uid=ltmrgzbp

 

Note:  Using the injured spouse form delays your refund for at least 14 weeks.

 

Q. My spouses outstanding student loans garnished our federal taxes, is there a way I can refile?

A. Yes. "File Form 8379 when you become aware that all or part of your share of an overpayment was, or is expected to be, applied (offset) against your spouse's legally enforceable past-due obligations."

 

"You can file Form 8379 with your joint return or amended joint return (Form 1040-X), or you can file it afterwards by itself."

 

Instructions for Form 8379

https://www.irs.gov/instructions/i8379#:~:text=You%20must%20file%20Form%208379,later%20offset%2C%20whichever%20is%20later.