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Injured Spouse

Hello. Quick question. My wife has a student loan debt prior to us being married. She is a homemaker and hasn’t worked since 2008. Just recently her loan fell into default and an offset of our return will occur. I’ve e-filed with the injured spouse form and it was accepted. Given that she had no income, can I expect the full refund or will they still garnish the refund?

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2 Replies
JohnW222
Expert Alumni

Injured Spouse

Assuming that you completed page 2 of Form 8379 in a way that everything is allocated to you in column (b) of Part III, you'll most likely receive the entire refund.

That said, it's possible that the IRS may adjust the allocation.

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Injured Spouse

Yes, thank you. I did do that and made sure the allocations were for me. However, the only one it wouldn’t let me change was her half of the standard deduction. 

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