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If my wages are being garnished for student loans, will they take my expected income tax refund too? Would they also take my new husband's income tax refund?

I don't mind them taking mine, I am actually excited to have a way to get it paid off some but I don't want them to take my husbands. What, if anything, I can do to prevent that?


Asked by Anonymous at 1:08 PM on Nov. 12, 2010 in Money & Work

This question is closed.
Answers (7)
  • your husband needs to file an "innocent spouse" form so you can still benefit from filing jointly. go to irs website to find out the exact form number.

    Answer by nonni2 at 7:44 PM on Nov. 12, 2010

  • They will take anything that is yours but they cannot take anything that is your husbands. His name is not on the loan, right?

    Answer by depressedmom65 at 1:13 PM on Nov. 12, 2010

  • Did you default on your loans or is this a payment plan you set up?

    If you defaulted on a federally subsidized loan - then YES, they will take your income tax refund and your new husband's if you file jointly. My ex is going through this because he defaulted on his loans and he's looking at not getting his tax refund for the next 30 or so years. (He's THAT far in debt!)

    Answer by geminilove at 1:13 PM on Nov. 12, 2010

  • whatever refund has YOUR ssn on it will be taken so file married but seperate

    Answer by Anonymous at 1:15 PM on Nov. 12, 2010

  • I defaulted on the loans. I didn't finish school and I work as a waitress. My husband's name is not on the loan and we plan on filing separately. We don't even have a joint bank account. I don't want him to suffer for my financial irresponsibility. I want to finish school but I can't because of these loans. I owe the university I went to as well.


    Comment by Anonymous (original poster) at 1:19 PM on Nov. 12, 2010

  • They can't take your husbands if you file seperately.

    Answer by Candi1024 at 3:02 PM on Nov. 12, 2010

  • File seperately. They wont take his. But they probably will take yours.

    Answer by stacy197866 at 12:33 PM on Nov. 17, 2010