I began my Rehab in January of 2007. I have two different kinds of Loans that I am Rehabbing, a Perkins and a Federal. I know the payment number for the Federal is 9 payments (Sept. 2007), and Perkins is 12 payments (Dec. 2007). I am a SAHM and have no income of my own, so although they have had an order against my taxes for years, DH and I have always filed a Form 8379 (Injured Spouse) form with our Taxes so he would receive his return.

My question is: Will I more than likely have to go ahead and file the form 8379 with our 2007 Tax Return (noting that we ALWAYS file our taxes electronically in January), since at a minimum the Perkins will have been rehabbed so close to when we will file that it may not have been removed from Garnishment status? My spidey sense says that to be safe we'd better, since it's only a few weeks of difference and paperwork + the Government = HAHA!, but in case anyone had experience with this type of situation, I thought I'd ask. Obviously the Form 8379 adds time to the processing of our return, but a few weeks extra for the 8379 is still better than them taking it and us having to file the 8379 LATER to get it back (which is, of course, a MUCH longer delay - I know from the first year we were married and had to go through that process).

TIA!

YMMV, but at least based on my personal experience, you shouldn't have to. My last rehab payment was in Feb. 2006. I waited until April 2006 to file my 2005 return and my refund was not taken. Again, YMMV.