I am married but my husband has no income, but he has debt that they garnish my taxes for. How can i file

[AndreaC1 · Accepted solution]

You can file a Form 8379 which is Injured Spouse Allocation. A couple can file Form 8379 along with their joint tax return if they expect their refund to be seized. 

The Internal Revenue Service has the power to seize income tax refunds when a taxpayer owes certain debts, such as unpaid taxes or overdue child support. Sometimes, a married couple's joint tax refund will be seized because of a debt for which only one spouse is responsible. When that happens, the other spouse is said to be "injured" and can file Form 8379 to get at least some of the refund.

You can go here How do I file Form 8379, Injured Spouse Allocation? to get the steps on how to file this form in the TurboTax software. 

Other Related Topics:

• IRS Injured Spouse General Instructions

[babybluvsu2]

I filed the injured form spouse and the IRS still kept my taxes for his child support arrearage, my husband has no income.

[AndreaC1]

That can happen. Make sure that you file it each year. And be sure that you are claiming Injured Spouse and not Innocent Spouse. You can see the difference in the two here <a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/1901549">https://ttlc.intuit.com/questions/1901549</a>

But you can try contacting the U.S. Treasury Department's Bureau of the Fiscal Service to see if you have options for maybe appealing it, to see if it's possible to recoup some of your refund that was taken. They are the ones that issue offset notices for past due child support. If no luck there, try contacting the IRS directly to see what can be done next.