if you qualify as an injured spouse you can file form 8379
Are You an
Injured Spouse?
You may be an injured spouse if you file a
joint return and all or part of your portion of
the overpayment was, or is expected to
be, applied (offset) to your spouse's
legally enforceable past-due federal tax,
state income tax, state unemployment
compensation debts, child support, or a
federal nontax debt, such as a student
loan
