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Can my husbands taxes be garnished?

Saint Paul, MN |

I am unemployed and I owe 2500 dollars to a school and it was sent to collections due to fail of payment. If I do not pay them, or start a payment plan before the tax season can they take my husbands taxes? Also I had a job in early 2012 so if I file separately would they just go after my tax money and not his?

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Attorney answers 3


There are several things you can do. First, you may be able to defer your student loans. Second, if you cannot do that there is a chance that you may discharge your student loans through bankruptcy. Third, it may be a good idea for your husband to file "innocent spouse." This may include you two filing separately. It's an excellent idea for you to talk to someone who is both a tax attorney and a Certified Public Accountant. You're in luck, I am that. I am also in Eagan, Minnesota, a suburb of St. Paul. Feel free to call me at 651-434-7590 or email me at

This answer does not create an attorney-client relationship.


Student loans, especially federally insured loans, can intercept tax refunds and might do so without warning if you & your spouse file a joint tax return.

Hope this perspective helps!


Safety: File separately and push exemptions to his return.

Wisdom: consult a bankruptcy attorney.

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