SPARC Forums
Main Forums => Child Support Issues => Topic started by: Kitty C. on Mar 22, 2011, 07:55:39 AM
Just need clarification..........if a husband and wife file a federal tax return as 'married filing separate', and a garnishment is ordered on only one of them, will the IRS ONLY take the refund of the spouse with the garnishment? I am assuming they will, since the returns are filed separately?
No real clue but my guess is that only his SS# would trigger the garnishment alert.
If you file separately you should not be flagged but I am not 100% certain on that. However, to protect yourself you should be able to file an innocent spouse form to protect your refund.
My first husband had a garnishment on his name. I had to file and injured spouse form every year WITH my taxes so they wouldn't touch my money. It takes a bit longer to get your refund back but at least you get it.
Quote from: fight4him on Mar 22, 2011, 07:23:57 PM
My first husband had a garnishment on his name. I had to file and injured spouse form every year WITH my taxes so they wouldn't touch my money. It takes a bit longer to get your refund back but at least you get it.
But did you file 'married filing joint' or 'married filing separate'? I know that if you file joint, they will take it all and the 'injured spouse' has to file to get their part........I just don't know if the same thing happens if you file separately.