Yes, your husband who is not responsible for the student loan debt will complete Form 8379. This form can be filed electronically with your tax return. The form will ask you to allocate your income so that the injured spouse can have his/her refund. Depending on the state you live in, if community state or not, will impact the allocation of income and therefore affect how much income is related to him and yours. This will in turn affect the refund applicable to the injured spouse and how much of the refund can be garnished.
