Can we still file joint?

[ADavis393]

My husband's refund gets taken every year due to some penalties for the past (student loans/child support). We've recently been married and last year we filed separately to avoid my return being taken, as well. We do have to children together so we did not qualify for the tax credit last year and couldn't claim daycare costs. Is there a way/form to file where we can file joint but not have my refund taken due to his being taken??

[MinhT1]

You should file form 8379 - Injured spouse with your joint return to stop the IRS from offsetting your share of the refund.

To file Form 8379 - Injured Spouse, please read this TurboTax Help topic.

Per IRS: "You may be an injured spouse if you file a joint tax 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 or spousal support, or a federal nontax debt, such as a student loan."