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Can your federal tax refund be garnished if your spouse has a federal loan outstaning in PA?
Wiki User
∙ 14y ago
In the USA, if your Federal Student Loans are in default, then your original lender was paid 97% of your loan value by a Federal Guarantee Agency. Guarantee Agencies are basically insurance companies. When your lender was paid off, the Guarantee Agency took ownership of your loans. Guarantee Agencies have the right by law to keep any Federal Income Tax return money that is owed to you. They also have the right to garnish any wages and to garnish Social Security benefits. If you need help getting out of default and getting off of the tax offset list, click on my profile, StudentLoaner, below.
Wiki User
∙ 14y ago
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Why would they only take part of a federal refund but take the state refund as well for back child support?
Was an Injured Spouse form filed?
How does your wife protect her tax return from being applied to your child support?
If you filed a joint tax return, she can't. A joint return has both of your names on it, so the refund will have both of your names as well. Thus it can be garnished by the state to pay back child support. The only way to avoid it would be to file separate tax returns. For Federal income taxes, the spouse should file an injured spouse form to recover his/her share of the refund.
Can the spouse's retirement be garnished if the debt was before the marriage?
No.
You owe state taxes you had filed jointly if you file separatly this year will they keep both federal returns?
Generally, yes. If the state where you owe taxes has already put in a garnishment request to the IRS, then any federal refunds issued to either of you will be garnished to pay the debt. If you also owe money to the IRS they will keep it first. If you owe money to other agencies, the refund may also be used to pay those debts as well. You can only submit an injured spouse claim to split a refund if only one person owes the debt that is being garnished. If you both owe the debt, then you are both equally liable for all of it.
How can an injured spouse get the couple's entire refund back if it was offset for back child support?
The injured spouse may or may not get back the entire tax refund. They will have to file an injured spouse tax form (Form Number 8379). The IRS will figure the amount of the tax refund which would be allocated to each spouse and that percentage will be refunded to the injured spouse. If the spouse with the debt was the only one working, the injured spouse will get little or none of the refund back. It all depends on the return and their situation.
Can state withhold federal tax refund for back child support?
Yes. My husband and I filed our federal refund jointly (mind you he was behind 3K on child support) and they took it all of what he owed. BUT, I went back and filed out an 'Injured Spouse Form' to get back what i earned.
Can my new wifes wages or tax return be garnished for my back child support?
No. However, if you file a joint tax return with your new wife, she might have to file an Injured Spouse claim with the IRS to recover her share of any tax refund.
Can the surviving spouse's wages be garnished for the deceased spouses medical bills?
No - the surviving spouse is not liable for the deceased person's bills !
Can Alimony be garnished from wages?
Yes. However, the Consumer Credit Protection Act limits the amount. Your wages can be garnished up to a maximum of 50% to cover child and/or spousal support if you are supporting another spouse or child. If you are not supporting another child and/or spouse, up to 60% of your wages can be garnished. Generally, no more than 25 percent of a person's wages is garnished.
Can a spouses wages be garnished for the others debt Utah?
In some instances, yes they can. Is the spouse listed on the debt? An example would be a joint loan or credit card. If so, that makes the spouse legally liable for the debt. If not, then no, the wages cannot be garnished because the spouse is not legally liable for the debt.
Can wages be garnished in Georgia for credit card debt?
Yes, Georgia adheres to the basic federal wage garnishment guidelines, with a maximum of 25% of disposable income subject to garnishment, with the first $154.50 of weekly wages being totally exempt.
How can you stop child support from taking your fed taxes?
If your Spouse is Injured or you are You may Qualify for a Injured Spouse File through Your Tax return, Then You cant get your money taken. H&R Block just did it for me and My Wife . They cannot touch our refund Cause my Wife is Injured for the rest of her life so By filing Injured spouse that is stating She needs all the money due to her Injury. Call H&R Block they will confirm it. Im Behind a little on Support and We filed Injured Spouse and They didnt take a single dime..Atleast Im Using some of the refund to catch up though.... **SEE BELOW** "Injured spouse" does not refer to a disability. The spouse is "injured" when a Federal income tax refund is intercepted due to a debt owed by the other joint filer. The injured spouse can get his/her part of the refund back.
