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wicklund1991
Level 1
Jun 1, 2019 2:16 AM UTC
Solved

Married filing seperately

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.
BobinCTAnswer
Level 8
Jun 1, 2019 2:16 AM UTC

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.

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BobinCTAnswer
Level 8
Jun 1, 2019 2:16 AM UTC

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.

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