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Old 04-21-2009, 10:02 AM
280 posts, read 441,861 times
Reputation: 292


For the past 3-4 years the Feds have been taking my Federal tax returns as payment for my wife's college loan which she acquired years before we married.

She has not been working the last 4 years and I am wondering if I am eligible to reclaim all that money?

I really don't mind since we'll pay those debts anyways but it's already been repaid and now it's just going towards the interest so I'd like it to stop.

Is there a time limit to filing the injured spouse relief? Also is it retroactive, so say I wanted to file for those other years that the Feds took my money, can I do it?

Thanks in advance!
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Old 04-21-2009, 02:56 PM
Location: State of Being
35,886 posts, read 62,023,459 times
Reputation: 22153
You will NOT get that money back. It is gone. It went to pay a debt.

What you should do is immediately contact her lender. That should have been done as soon as she lost her job due to bad health. They can defer part of it or possibly work out lowered payments. But that debt is hers for life. It cannot even be dismissed by bankruptcy.
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Old 04-29-2009, 09:00 AM
Location: Oriental, NC
917 posts, read 1,970,446 times
Reputation: 448
If you just filed your taxes you can still file an injured spouse form. They are not supposed to take YOUR refund but unless you tell them via the form they will. As far as retroactive I don't know but probably not. A tax person should be able to help you.
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Old 04-30-2009, 03:44 PM
3,688 posts, read 9,475,490 times
Reputation: 6241
If you file "Married, Jointly" - there is only one tax refund - and it can be garnished to cover federal debts (i.e. student loans). My husband defaulted on his early in his marriage - and as I made significantly more money than him, I counted the tax refund as "mine"... as it was the money I had paid in. Imagine my suprise when year 2 of our marriage - my $2750 disappearead and "we" got a note from the IRS explaining that our refund was being seized to cover his defaulted student loans..

We got past that, all our debts our current - life is pretty good. But I will never forget that when you file "married, jointly" - there is no yours, there is only "ours".

good luck!!
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Old 02-06-2012, 07:40 AM
1 posts, read 4,122 times
Reputation: 10
if i file injued spouse at say ,H&R block,is it still possible to get an advance on my return.
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