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bree1978 · Feb 4, 2009, 05:37 PM

Hi there. My wages started getting garnished last August. (student loans) Will the IRS take my return? I file married jointly with my husband, who is the head of household. I have called the IRS tax intercept phone number to see if my social security number is flagged, and its says its not. Not sure if I should trust that though. Please help! Thanks

N0help4u · Feb 4, 2009, 05:42 PM

Are the payments now caught up to date?
I don't think they would if you are not behind in payments,

bree1978 · Feb 4, 2009, 05:57 PM

They take 15% out of each check, and they will be for a long time. They aren't up to date, they are still in the garnishing stages. I just don't know if I should trust the IRS info phone number, Im nervous!

Fr_Chuck · Feb 4, 2009, 06:44 PM

Opinion, I would not trust it, I would guess there is a good chance it is flagged,
I say this only because that is where they usually first go to get the money.

But in the end, there is nothing you can do about it.

AtlantaTaxExpert · Feb 10, 2009, 01:49 PM

Your husband CANNOT file as Head of Household unless you did not live with him for the last six months of the year.

You must either file Married Filing Separately or Married Filing Jointly.

If you file MFS, you tend to lose certain credits that you get filing MFJ, so you need to file jointly and compled Form 8379 to allocate the deductions credits away from you and towards your husband.

That way, the IRS will NOT take the entire refund, but just the portion that is allocated to YOU.