Married filing seperately

[wicklund1991]

I currently have student loans and they have a garnishment on my taxes. If my husband and I file married filing separately can they take part of his tax return? I currently do not have to file a tax return for 2016 but I am worried that if he puts me on his tax return they will take his tax return.

[BobB7 · Accepted solution]

He needs to file an injured spouse form (both Federal and state).  That will protect his refund from your debt, while still allowing you both the tax advantage of a joint return.