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.
Family Law Attorney
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.
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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.
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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.
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.
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