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When garnished, can both spouse be garnished?

Portland, OR |
Filed under: Wage garnishment

My husband is being garnished by the IRS and I'm affraid I will be garnished too. We won't make it financially if this happens...we barely will make it having him garnished since he makes the most.

Attorney Answers 4


  1. Yes, that is possible, I'm afraid, especially if you have joint bank accounts. I've changed the practice area to 'tax' so you can get a better exposure.

    Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com


  2. This will depend on whether the tax liability was based on a jointly filed return or not. if he's the only one who owes the taxes, they can't take your money. But if you filed a joint return, it doesn't matter whose economic activity resulted in the tax debt; you are both responsible for it.

    Disclaimer: This site exists to provide information only. It is not legal advice. Answering your question does not create an attorney-client relationship. I am a Massachusetts lawyer. Any information provided on this site does not, except as explicitly stated, imply familiarity with laws or procedures peculiar to your state which may differ from those where I practice.


  3. IF you have a joint tax return I'm afraid that the answer might be yes. I suggest you talk to an acct about getting an offer and compromise together for the IRS that might take the garnishment away.


  4. If you filed a joint return then you are both liable for the debt. If this is your husband's debt from a return he filed without you then your joint refunds and joint bank accounts are at risk but not your paycheck. If this is creating a financial hardship then you may be eligible for a collection alternative. Most people are not eligible for an Offer in Compromise but there are other collection alternatives. Very rarely am I unable to lower the amount being garnished and if it is creating a financial hardship I am frequently able to get the wage garnishment stopped.

    Please feel free to contact me if you would like to discuss your options.

    info@cttaxhelp.com Office number: (860) 255-7423 Website: www.cttaxhelp.com. Our reply to your question has not created an attorney-client relationship. It should not be considered legal advice. You should contact an Attorney who can give you legal advice after acquainting themselves with the specifics of your case.

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