My student loans got in default and I'm trying to get them out. In the meantime, I understand they can garnish my tax refund. My question is if they can garnish our refund when my husband and I file jointly and none of the income is mine (?) I'm a stay at home mom and my husband is the only one who works. Can they still garnish our refund or how can I avoid that?

When you file your joint return, you need to include Form 8857 so your husband can claim Innocent Spouse status.

On this form, the income and deductions are allocated between spouses. Given that you have no income, your husband would claim all but your exemption and all of the deductions. The net result is that NONE of the refund is confiscated.

However, you eventually WILL have to pay this debt, since student loans CANNOT be discharged with bankruptcy.

And what better way to start paying those debts down than to let that money pay for it