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    firemanm88's Avatar
    firemanm88 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 25, 2009, 10:24 AM
    Refund being garnished what can I do ?
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jan 25, 2009, 10:26 AM

    Yes
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    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.
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