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Can I file injured spouse? My husband has student loan debt. He is the main breadwinner. We have 3 kids

We have 3 children. 2 are from my previous relationship. One is ours together. He has about 9 grand in student loan debt that is in default, but he is also the only one who works. So can we file injured spouse?

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Can I file injured spouse? My husband has student loan debt. He is the main breadwinner. We have 3 kids

Filing injured spouse would only protect a portion of the refund that could be attributed to your earnings. If you did not have any earnings of your own then "injured spouse" does nothing for you. Sorry. 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

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4 Replies

Can I file injured spouse? My husband has student loan debt. He is the main breadwinner. We have 3 kids

If you aren't working and paying any tax, how are you "injured"?
*A reminder that posts in a forum such as this do not constitute tax advice.
Also keep in mind the date of replies, as tax law changes.

Can I file injured spouse? My husband has student loan debt. He is the main breadwinner. We have 3 kids

Do you live in  Community Property State?

Can I file injured spouse? My husband has student loan debt. He is the main breadwinner. We have 3 kids

No it is not a community property state

Can I file injured spouse? My husband has student loan debt. He is the main breadwinner. We have 3 kids

Filing injured spouse would only protect a portion of the refund that could be attributed to your earnings. If you did not have any earnings of your own then "injured spouse" does nothing for you. Sorry. 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
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