If my income tax refund was garnished because of my spouse’s school loan debt, canI file separately and get my taxes back next year?

Asked on October 31, 2011 under Bankruptcy Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are concerned about a judgment against your wife that can result in a garnishment on both of your tax refunds next year, you can always file separately on your own returns for the following year. However, my experience is that from a tax perspective married couples filing jointly on their returns get a better tax break as opposed to filing separately.

I recommend that your wife try and enter into a written agreement with the judgment creditor to pay a certain sum monthly like clock work so that you do not have to worry about future wage garnishments as to the judgment against her.

Good luck.

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