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Any experience with filing injured spouse form?

I see on the irs website that your return takes 11-14 weeks longer to process. Is there anything else I should know before we file? We are filing it for my husband because I expect my refund to be taken for past due student loans. How will they determine how much to take out for the student loans and how much to leave for him? Would we be better off filing married but separate?


Asked by Anonymous at 2:49 PM on Jan. 14, 2011 in Money & Work

This question is closed.
Answers (5)
  • I have filed it twice. Once with my ex husband for the same reason you are describing and instead of getting our return in mid Feb we got it in May. We got 100% of the return because I did not work or pay taxes and my student loans were not his debt. It was worth waiting.

    The second time was due to my ex not filing his unemployment after we had seperated. Since we were not legally divorced the feds came after me to pay his debt. I lost that time and ended up having to pay his fines.

    Answer by gemgem at 2:58 PM on Jan. 14, 2011

  • I would file separately if I knew my spouse owed.

    I never file with my dh and probably never will.

    Answer by A_Renee at 3:12 PM on Jan. 14, 2011

  • Pretty sure you aren't legally responsible for your spouses taxes OR student loans. They can take the whole tax return even if you filed jointly and they can wipe out joint accounts and attach liens on things owned jointly (home, car, etc). But they can't go after the other spouse on an individual level. Hope that makes sense.

    You should receive a letter in the mail from the IRS informing you that they will be garnishing the tax return. Your best bet might be to file separately. And keep a copy of all the documentations that you send them.

    So sorry you are going through this. I hope things get better soon =)

    Answer by Erica_Smerica at 6:58 PM on Jan. 14, 2011

  • Great! Thanks for your answer.

    Comment by Anonymous (original poster) at 3:02 PM on Jan. 14, 2011

  • if you have federal student loans out that you have not paid on, if there is no pre-nup, meaning your debt is his, if you don't contact them they will just liquidate his taxes. I suggest you call and set up an alternative payment plan. I have had clients who faulted on paying the IRS; oh my, their spouses and their own taxes got taken away, and they irs liquidated their bank accounts. Don't play with the feds.

    Answer by DomoniqueWS at 4:13 PM on Jan. 14, 2011