This could happen.
However, if you amend your 2015 return to include an Injured Spouse/Innocent
Spouse claim you can prevent the garnishment of the non-debtor spouse’s refund
to pay the debts of the debtor spouse.
The menu path for the Injured Spouse/Innocent Spouse claim
form is in Other Tax Situations>Miscellaneous Tax Forms>Start>Report
an injured or innocent spouse claim>Start.
When you file this claim with your return, the IRS receives
sufficient information to split the joint return refund between the
contributing spouses. This claim will
also protect the non-debtor spouse’s refund from garnishment. The joint return typically produces a lower
tax and a higher refund because the joint return tax rates are lower than the
married filing separately tax rates.
