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I have an IRS lien on my refund for student loan debt and am married. Should we file married filing separate to save my wife's return from garnishment?
Wiki User
∙ 7y ago
That's not necessary, but it could make things easier depending on your situation. There are some things you couldn't claim on your return using the married filing separate (MFS) filing status. If you don't have any children and you don't have any credits that would be affected by the MFS status, then it would probably be easier to file separately.
If you do have children or credits you'd be missing out on and want to file joint, then you can do that and the non-debtor can file the form 8379 Injured Spouse Allocation. This form allows the non-debtor to show what portion of the income on the return is theirs and that percentage of the refund will also be hers and not eligible for your debts. They may take the entire refund even if you submit the form with the return, but just send it in again in response to the notice or go down to your local IRS office. This will split the refund according to her income percentage. It doesn't matter who paid more tax, just who has what percentage of income in determining the injured spouse claim.
For example, let's pretend that you make $25,000 and only have $1,000 withheld for federal taxes. Let's pretend that your spouse also makes $25,000 and has $1,600 withheld for federal taxes. Then let's say that you file jointly and since you have a kid, your net tax liability is only $800, so you're claiming a refund of $1,800. The injured spouse claim would be for 50% of the refund ($800) because each of you has 50% of the income on the joint tax return. It can be the more favorable option if MFS would disallow you from claiming certain credits. If either decides to adjust their withholding down, remember to make sure you're having enough withheld to cover your taxes if you don't want to owe at the end of the year.
Wiki User
∙ 7y ago
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Can you be exempt from taxes for having a garnishment?
No. Makes no difference to Tax how you pay your bills, and that's all a garnishment is - a forced way to pay what you should have willingly.
How do you file for taxes when you are married but separated?
Only IF in the state that that you are a resident of IF you are legally separated on the last day of the year, you should file either as single or as Head of Household (if you have children that live with you for more than 50% of the year). Other wise your filing status would be married filing joint or on a separate 1040 federal income tax return MARRIED FILING SEPARATE.
Why file single on your federal taxes when you are married and does it effect your spouse if one of you dies?
If you are married, you cannot (and should not) file single. Your choices are Married Filing Jointly or Married Filing Separately. The only time I usually see a Married Filing Separate return is either if the spouses, as a rule, just keep all of their finances separate, or if one of them owes taxes. Remember if you owe taxes the IRS will keep your refunds to apply to that balance due, so if only one of you owes taxes you can file Married Filing Separately and the one of you that does not owe taxes can still get their refunds. Also if you are going to owe on a tax return and file that return as Married Filing Separate, and then later die, your widow will not be responsible for the taxes.
How can you found out the person who is garnishing your check?
You should have been notified by mail when the garnishing began. That letter would have the appropriate information regarding the cause for the garnishment. If you have recently gotten divorces, chances are that the former spouse has order this for her support and/or child support.
Can you file married filing joint if you are still married?
Of course. You should file married filing joint if your are married. Perhaps you need to rephrase the question if you are asking something else.
How do you stop a student loan wages garnisment?
You should consolidate your defaulted student loans and stop the wage garnishment. You can get an income-based repayment plan and pay as little as $0 a month, defending on your income and dependants. If you want help with the consolidation of your defaulted student loans, click on the link below
How do you find out when your garnishment of wages will end?
The court order granting the garnishment should tell you when the garnishment will end. They might just tell you the amount you will have to pay before you are off the hook.
Can pensions be garnished by creditors?
Generally, no, but pension payments should be kept separate from other monies.Government provided benefits are protected from garnishment. Private pensions are also protected from garnishment in most states. However, if the pension payment is made to an account which has non-pension monies in the account, there are legal difficulties in differentiating between the protected monies and un-protected monies, creating a collection (but not garnishment) opportunity.
Can US green card holder girl marry with Indian boy who is in US on student visa?
A person on a student visa is permitted to stay in the US only for the duration of time for which the specific course is designed. There are separate visas that one should use in case of getting married to a US citizen - the fiance' visa. Green card holders cannot petition their spouses of fiance's inorder to get married.
Can my pension be garnished if I cannot pay my creditors?
Generally, no; but pension payments should be kept separate from other monies. Government provided benefits are protected from garnishment. Private pensions are also protected from garnishment in most states. However, if the pension payment is made to an account which has non-pension monies in the account, there are legal difficulties in differentiating between the protected monies and un-protected monies, creating a collection (but not garnishment) opportunity.
If you receive a notice that wages will be garnished for a student loan. What should be done?
If you voluntarily pay them more then they would get garnishing you, faster then they would get it from garnishment, they may choose not to garnish.You can also appeal the garnishment and attempt to prove it would cause you undue hardship. You would need to provide documentation of all household income and expenses. Appeals can be made at any time, but will not stop garnishment while pending unless they're received by the loan holder within 30 days of the date your garnishment notice was sent.
How can I stop wage garnishment from forcing me into poverty?
Check out BCSAlliance.com, they have a great guide on how to stop wage garnishment. Yahoo answers has a good thread on stopping wage garnishment. That should point you in the right direction.
Can an employer refuse to deduct and remit child support from an employee who has a court order to have wages garnished by the employer?
No. That employer should be reported to the court. If a court order for garnishment was issued it is in contempt of a court order.No. That employer should be reported to the court. If a court order for garnishment was issued it is in contempt of a court order.No. That employer should be reported to the court. If a court order for garnishment was issued it is in contempt of a court order.No. That employer should be reported to the court. If a court order for garnishment was issued it is in contempt of a court order.
Can you be exempt from taxes for having a garnishment?
No. Makes no difference to Tax how you pay your bills, and that's all a garnishment is - a forced way to pay what you should have willingly.
Which punctuation would be used to separate the adjectives in the following sentence The letter described the student as dedicated diligent and punctual?
You should use commas. The letter described the student as dedicated, diligent, and punctual.
You married but separated your husband can you get garnishes taken out paycheck?
You cannot get your husband's paycheck garnished without a court order. A court will order garnishment if they decide that he should pay child support or spousal maintenance.
Can you decrease wage garnishment if it is causing you to get evicted from your current residence?
The person involved should petition the court where the garnishment order was granted to have the garnishment lowered due to it creating an "undue hardship." This appeal is only applicable if the garnishment is for creditor debt, it would not apply in cases of child and/or spousal support orders.
