Can my wife have her Income Tax returns taken for my old debts?
Date: Sat, 03/14/2009 - 14:05
Can my wife have her Income Tax returns taken for my old debts?
My wife and I reside in NYC in Oct of 08... My wife and I currently are about to file tax returns together for the first time. I have no wages for 08 beyond my taxed unemployment payments. My wife was employed for half the year. My wife is 6 months pregnant and we need the return for the nursery.
I have several outstanding judgments for tickets, violations, loans and other valid debts in various states of collection and/or judgment.
Now presuming we have to file jointly (which I presume we must) is her return liable for my judgments? Should I file at all with her? Please note i have not incurred any new debt beyond collection or interest costs on pre-marital debts.
file using "married filing seperately" that way any return would
file using "married filing seperately" that way any return would come in her name alone. Also set up seperate bank accounts one with your number and one with hers. Then any seizure would be against your account that you keep no money in.
Generally tax refunds cannot be attached unless you owe the feds or the state. The state will take your state refund and the feds will take the fed.
To add to cellulars response: you do not "have" to file jointly
To add to cellulars response: you do not "have" to file jointly just because your married. You may end up paying more in taxes and not be able to utilize certain credits but you can both file separately. Take his/her advise.
To answer the OP's question - unless your debt is for back taxes
To answer the OP's question - unless your debt is for back taxes or defaulted student loans there will be no offset of your tax refunds. the ability to do that would be the debt collector's wet dream. It remains a dream though - wet or dry.
They can also take it for back child support payments.
They can also take it for back child support payments.
