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If you have a defaulted Student Loan and file joint taxes with your spouse and the Taxes are on a offset list because of a defaulted Student Loan, the government will take the tax return from both of you. Here is the catch to this, to get some of the tax money back you can file for an injured spouse and receive some of the money back or to avoid this all together you can simply take your defaulted student loan out of default with an Income Contigent Consolidation offered by Direct Loans, what this allows you to do is get your Defaulted Student Loan out of Default in as little as 45 to 60 days and the payment is based on your income, they keep in consideration your expenses such as housing, utilities, food and child care expenses, how many children you have and base your payment on whats left over it figures to be about 4 to 5%. By doing this it will allow for all your rights and entitlements to be reinstated as far as forebearences, deferrments and financial aid if you want to go back to school. This shows on your credit report as a paid off loan and is replaced with an open account that is receiving payments. I was a collector for many years for The California Student Aid Commision as well as Higher Education lenders, I have taken my knowledge and expertise and implemented in my Comapny Circle City Credit Advocates based out of Indianapolis, IN. By taking your Student Loan out of default, not only are you avoiding tax offsets and possible Federal Wage garnishment but you are saving a ton of money on Interest, Collection Cost and penalties alone. There is other programs that are offered as well like The Federal Loan Rehabilitaion Program which is a nine month program but until you complete that program you are still elgible to have Tax Offsets. A Defaulted Student Loan acumilates interest at 12 to 14%. A Income Contigent Consolidation even you have an inability to pay at the current time only has an interest rate of 5%. I hope this satisfied your question. If you are in need of assistance you can visit http://CircleCityCredit.com or simply call 317-574-0567. Dan Smith

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15y ago
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13y ago

In California, a community property state, all income and property of the family unit is subject to consideration for repayment of student loan debts. If student loans are in default status and the borrowing spouse passes away the debt does NOT necessarily die with the borrower. Depending upon the value of the marital assets, liens can be placed on real estate and other assets to repay heal, subsidized and unsubsidized federal student loans.

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6y ago

There is a mitigating factor in community property states, i.e., when the debt originated. Legally, any student loan debt you incurred prior to getting married is considered separate property and remains so after the divorce. Generally, a spouse is not responsible for debt incurred by the other spouse in separate property states unless the debt was for goods or service that benefited both parties. However, this is a complicated issue and you should consult with an attorney in your area who specializes in family law.

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14y ago

Yes & vice-versa.

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Q: Can your husband be responsibal for your dept?
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