dafaulted student loan by wife

[vgargione]

My wife took out student loans before we were married and had defaulted on them. My question is can I be held responsible for this obligation? The reason I ask is because the state of NJ took our entire tax rebate check and applied it to the balance of the student loans. Since that time she has been mailing in payments on a monthly basis. Will they try to collect our tax refund also? Any help on this will be appreciated

[LynnInMN]

Each lender has different criteria as to submnitting accounts for Federal Taxoff set....when I was collecting, each year I would have a new page of rules and regs for each lender. Contacting the lender is the best way to find out for sure. If they are taken, you can submit a form called Injured Spouse for your half of the return.

[vgargione]

What if we file seperate tax returns?

[fla-tan]

My wife took out student loans before we were married and had defaulted on them. My question is can I be held responsible for this obligation? If they are federally guaranteed student loans then you can not be held liable for them. The reason I ask is because the state of NJ took our entire tax rebate check and applied it to the balance of the student loans. If you filed jointly then yes they can take the tax return. However, you can file for relief with them since you are not responsible for her student loan debt and are an "innocent spouse". Since that time she has been mailing in payments on a monthly basis. Will they try to collect our tax refund also? Any help on this will be appreciated

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fla-tan

[LynnInMN]

Are You an Injured Spouse?

 

You are an injured spouse if you file a joint return and all or part of your share of the overpayment was, or is expected to be, applied (offset) against your spouse’s past-due Federal tax, child or spousal support, Federal nontax debt (such as a student loan) or state income tax. Complete Form 8379 if all three of the following apply and you want your share of the overpayment shown on the joint return refunded to you. But if your main home was in a community property state (see line 6 below), you may file Form 8379 if only item 1 below applies.

 

You are not required to pay the past-due amount.

You reported income such as wages, taxable interest, etc. on the joint return.

You made and reported payments such as Federal income tax withheld from your wages or estimated tax payments, or you claimed the earned income credit or other refundable credit, on the joint return.

Do not use this form if you are requesting relief from liability for tax that you believe should be paid only by your spouse (or former spouse). Instead, file Form 8857, Request for Innocent Spouse Relief.

[vgargione]

Thank you, all this information will really help me out