can IRS take my returns when filing jointly for student loans incurred by spouse before we were married
I have back taxes to do and am married.... If I file married filing jointly will the IRS take my tax refunds currently due me to pay off her student loans she defaulted on years before we were married? This is a community property state and I had a prenuptial agreement with her stating her loans were not my responsibility and would be kept out of community property.
She hasn't worked since we have been married and I have been supporting her. However if I file jointly am I opening up all my assets to be garnished or seized for her debt (around 40,000.00), and will the IRS take my refunds to pay her loans. And also , If I file married filing separately after having filed jointly one or two years will they still take my returns to pay her student loans for those years that I file separately.
Reply from DebtCollectionAnswers.com:
We agree that you should be concerned about this, but we don't know whether filing separately will protect your tax refund. We're going to have to suggest you consult a bankruptcy attorney in your area for advice.
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