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kristiannadevore
New Member

I filed my taxes as "married filling jointly" but my husband does not work. We have 3 children, can my state taxes or federal taxes be garnished for HIS passed medical bills?

 
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AmyC
Employee Tax Expert

I filed my taxes as "married filling jointly" but my husband does not work. We have 3 children, can my state taxes or federal taxes be garnished for HIS passed medical bills?

Yes, your refund can be taken for his bills The best way to prevent this is to file an injured spouse form. This allows you to claim your portion of the refund. It delays your refund up to 14 weeks but that is better than no refund.

Here are the directions for filing an injured spouse form using Turbo Tax. You can file the form with your original, an amended or mail it separately. You do not need to amend yours. Simply file the form.

 

The IRS says:

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 must file Form 8379 for each year you meet this condition and want your portion of any offset refunded.

 

If you file Form 8379 separately, please be sure to attach a copy of all Forms W-2 and W-2G for both spouses, and any Forms 1099 showing federal income tax withholding, to Form 8379. The processing of Form 8379 may be delayed if these forms are not attached, if the form is incomplete when filed, or if you attach a copy of your previously filed joint tax return.

 

For full instructions, please see Form 8379 instructions.

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2 Replies
AmyC
Employee Tax Expert

I filed my taxes as "married filling jointly" but my husband does not work. We have 3 children, can my state taxes or federal taxes be garnished for HIS passed medical bills?

Yes, your refund can be taken for his bills The best way to prevent this is to file an injured spouse form. This allows you to claim your portion of the refund. It delays your refund up to 14 weeks but that is better than no refund.

Here are the directions for filing an injured spouse form using Turbo Tax. You can file the form with your original, an amended or mail it separately. You do not need to amend yours. Simply file the form.

 

The IRS says:

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 must file Form 8379 for each year you meet this condition and want your portion of any offset refunded.

 

If you file Form 8379 separately, please be sure to attach a copy of all Forms W-2 and W-2G for both spouses, and any Forms 1099 showing federal income tax withholding, to Form 8379. The processing of Form 8379 may be delayed if these forms are not attached, if the form is incomplete when filed, or if you attach a copy of your previously filed joint tax return.

 

For full instructions, please see Form 8379 instructions.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
pk
Level 13
Level 13

I filed my taxes as "married filling jointly" but my husband does not work. We have 3 children, can my state taxes or federal taxes be garnished for HIS passed medical bills?

@kristiannadevore , while generally agreeing with @AmyC , I would like to point out that  (a) private debts  such as unpaid medical bills  can only come to the IRS / State Tax  with a court order ( suspect this is rare ) and IRS/ State is obligated  ONLY when  the court ( or a receiver ) acts on behalf of the  creditor -- so a lien on property / bank account is more like than tax refund -- it is different  when child support is owed;  (b) for protection  from private  ( vs. civil ) debt , suggest you consult a lawyer  and seek court protection.  I do agree that filing an  injured/innocent  spouse form is a good step but  a lawyer is best  equipped to help you.

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