my wife has student loans and no income can they take my return
Debt Collection Attorney
First, tax refunds are only intercepted if the loan is in default. No default = no tax intercept.
That being said your tax refund is at risk IF you file jointly. The Treasury tags social security numbers. Consequently a tax refund for joint taxes will show for both of your ss#s, regardless of how your income is divided. File separately and your tax refund should not be touched.