I owe students loans and they kept our tax refund now I’m filing 8379 will my husband get his part back?

[amyhutchins77]

I did not make as much as he did so will he get to keep the child tax credit and earned income tax when filing a 8379 and will he get his part back?

[AnthonyJ · Accepted solution]

Form 8379 lets you (the "Injured Spouse") get back your portion of a jointly-filed refund if it's seized or offset to pay your spouse's debt if the IRS approves the form. The Injured Spouse Form is filed when the overpayment on your jointly filed tax return was (or is expected to be) applied to a past-due obligation of your spouse.