PDA

View Full Version : Refund being garnished what can I do ?


firemanm88
Jan 25, 2009, 10:24 AM
I have received a garnishment against my tax return from a credit card company. I have filed married/joint the last 11 years. If I file the same way will they take the entire amount of refund even though my wife's income is included? Should I file married/ separated so they only get what I am entitled to for a refund? Do I include all the deductions on my wife's refund instead of mine to maximize her refund and minimize mine?

Thanks for your input.

ScottGem
Jan 25, 2009, 10:26 AM
Yes

AtlantaTaxExpert
Jan 26, 2009, 10:31 AM
If you allocate your and your wife's income on the Form 8379 (Injured Spouse Allocation), you can still file jointly and the garnishment will only affect YOUR side of the return.

This assumes that the credit card debt is in YOUR name only. If the card is in BOTH of your names, then Form 8379 will have no effect on the garnishment.