Tuesday, August 24, 2010

Can my spouse be garnished for a debt i owed before we got married?

I had a school debt that I didn't pay and then I got married. Can the collectors garnish my spouses federal income tax return?Can my spouse be garnished for a debt i owed before we got married?
Have you filed your federal return yet? Either way the answer is NO, however they WILL take all and any amount you may have coming back against your debt, so your spouse has to file an ';Injured Spouse - Form 8379';. This will ensure that your spouse will get their portion of the return back. Your spouse CAN file this form even if you have already sent it your return. The form is fairly simple to fill out. Go the IRS website to get it, then make SURE you send this form in every year with your tax return until your debt is paid.





However if you owe taxes any particular year then you don't have send the form for that year.





Just, FYI the IRS will determine what portion is yours and what portion is your spouse's, then they will refund x amount accordingly. They usually send you a letter stating how much your spouse will get back about a week after you get the check, LOL!





Hope this helpsCan my spouse be garnished for a debt i owed before we got married?
If the taxes are in his name only, no...if you've filed married filing joint..probably so...it's a government debt, they can seize what is owed and release the balance if any.

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