Should I file the injured spouse form if student loans do get deferred again (my spouse owes but Credit Karma shows those accounts as closed, so I guess he's in default)?

[ira-kirtak]

We've been filing jointly for a couple of years now, and I know that my spouse hasn't paid the student loans. Credit Karma shows those accounts as closed, which I understand means that they went into default. When we filed separately his refund had not made it to him. So when we started filing jointly I've added the injured spouse form, which adds months to the refund timeline.

It's rumored that Biden is going to sign an executive order that would defer student loan payments until September. Should I still file the injured spouse form?

[JamesG1]

I would certainly consider it.  The IRS can take your refund if you file married filing jointly. 

Your spouse may receive a notice that the IRS still has an offset against his account.  However, the IRS and/or the student loan administrator may or may not have your current mailing address.

You can contact Department of Treasury’s Financial Management Service at 1-800-304-3107 to see whether there is an offset against your husband.  I do not know how willing they will be to talk to you about his account.

If you file married filing jointly, you should certainly explore the Injured Spouse option.  Form 8379 lets the injured spouse get back your portion of a jointly-filed refund if it is seized or offset to pay your spouse’s debt.

An executive order could work to your advantage.  But if this year is like last year, things move very quickly and it is difficult to keep on top of each and every issue.

See here and here and here.