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Unemployed spouse due to health related issues. Defaulted on student loan prior to marriage, with collections in "Certified for offset" payment program.

Forum|Forum|7 years ago
June 4, 2019
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I live in Texas. Should I file a joint of separate return? We were unaware of the defaulted loan, and last year filed a joint return, and my entire return was taken. I had to file an injured spouse form after finding out, and received back half of my return some 10 weeks later. With my wife not collecting unemployment, or any other form of government assistance, I'm not sure what I should do this year.

Is it possible to file without having my entire/half of my return taken again? If I file a separate return claiming my 2 children, would I lose any money on my return?

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Best answer by Coleen3

Yes, filing a separate return is usually not beneficial. You should file an Injured Spouse form to recover your portion of the refund. As your spouse has no income this year, she will be an additional exemption on your return without the additional income.

C

Coleen3Answer

Employee

Yes, filing a separate return is usually not beneficial. You should file an Injured Spouse form to recover your portion of the refund. As your spouse has no income this year, she will be an additional exemption on your return without the additional income.

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interpol_untitleAuthor

If I’m understanding correctly, the injured spouse form I need to fill out again for this year will be done when I submit my return? And since I’m the only income, my return won’t be garnished again for my wife’s defaulted student loan?