[kirbee1214]

I did my taxes and I just found out the Department of Education is taking some or all of it, I'm not sure, due to a defaulted loan. I can't seem to get a straight answer and I was wondering if there wasn't a law that says they can't take all of it. Will I still get some of my money?

[J_9]

They can take every penny. Happened to my husband when we first married. Took a while to get it straightened out, but, yes, they can take every red cent.

The Department of Education was the government giving you the loan, you defaulted so this is one of the only ways they can effectively get their money back.

[oneguyinohio]

The only thing I have seen that might make a difference is if you filed a joint return or claimed an earned income credit. I have seen the educational loans take an entire refund, and also a family member did get a partial refund. That family member said it was because there were multiple social security numbers involved on the tax forms. Sorry I can't be of more assistance.

One bit of advice is to seek a statement showing that any money taken has been applied to the loan. I have known someone who had their refund held, and then the amount was never reflected toward any payments.

[J_9]

If married, you can file injured spouse if the debt occurred prior to the marriage.

I'm going to move this to the Tax section so the tax experts can take over.

[AtlantaTaxExpert]

The Injured Spouse form is the only way for the spouse to get his/her share of the refund.

Otherwise, it ALL goes towards the unpaid student loan debt.