If I file a joint tax return with my spouse who has a judgement against them, but they do not have any income or a bank account, can my tax refund be garnished?

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If I file a joint tax return with my spouse who has a judgement against them, but they do not have any income or a bank account, can my tax refund be garnished?

Asked on March 28, 2012 under Bankruptcy Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, it can indeed be taken if it has her name on it.  You would have to then jump through hoops in order to get it back or prove that it was not partly hers. This is a catch 22: you will get less of a return if file married filing separately because ther are not as many deductions. maybe it is time to make a deal with the creditor and start paying the judgement off.  Good luck. 


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