Hal_Al
Level 15

Education

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%20w....