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How Does My Husband Get Back His Tax Refund as an Injured Spouse? – Regina

“Dear Jim,

I have lived in Phoenix arizona since 2003. Attended college in 2003 took a LOA went back in 2005. Have not had any income since 2003. I Was not able to complete course (I know has no bearing). I have been married for four years and I do not work and have no intention of working. I do not have my name on any bank accounts or property. We have no joint accounts or holding of any kind. All bank accounts were well established prior to our marrage and no modifications have been made to any of those accounts. I have disputed the amount shown that I owe. I have disputed the amount since the first payment demand. When I asked for information regarding arbitration Sallie Mae refused to provide me with the information unless I called them. I had previously informed them that all dealing were to be though e-mail or postal mail I did not call for the information I was asking for. I tried to file for a deferment or forebearance and was told I would have to make a good faith payment in order to be considered for either of those options. I have made no contact or responded since told I would have to make a good faith payment.

I received a tax intercept notice from sally Mae this year. My husband filed a joint return, He assumed since the debt was two year prior to our marrage and that all income was his that it could not be intercepted. Now once again I received a letter stating “In order to discuss this possibility make acceptable payment arrangements, and/or completely satisfy your outstanding defaulted loan balance, you must contact the collection contractor listed below. This action must occur prior to any federal monies being intercepted.” How can I contact anyone before I know the intercepted the tax refund. I am more then willing to send a second written letter of dispute. Should I send a letter of dispute? I don’t see what good that will do they already have one or should have one on file. I looked at some forms that I can file but they all ask for a lot of information on my husband which we do not want to give…as all the information we provide to them the more information can be given to other regardings my husband. The other issue is that all these forms ask for verification of income such as a paycheck stub, I am not sure how to verify I have a zero income? I guess my question is what are our options? Should we give the information regarding my husband to Sallie Mae?

Regina”

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The Answer

Dear Regina:

Thanks for your question.

You should contact the Taxpayer Advocate Office and ask for your husband’s portion of his refund as he is an “injured spouse”. Prepare a Form 8379 and provide it to the Advocate. You should be able to get the husband’s portion of your refund.

You can find your local TAO office, click here.

Please let me know if you have any other problems.

In Service,

Jim

How Does My Husband Get Back His Tax Refund as an Injured Spouse?   ReginaJim Buttonow is one of the resident debt experts here at GetOutOfDebt.org that helps people for free. Jim is a licensed CPA who spent 19 years with the IRS coordinating large compliance teams of IRS agents and specialized personnel. In the last 5 years, Jim has invented consumer and practitioner software and treatises on how to address many different tax issues. He has also represented many people before the IRS examination, collection, filing, and appeals functions. He currently assists taxpayers on an active pro bono tax practice aimed at serving people in need. He can be reached at IRSMind.com.

If you have a tax question you’d like to ask just use the online form. I’m happy to help you totally for free.

How Does My Husband Get Back His Tax Refund as an Injured Spouse? - Regina by

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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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