Can IRS take my refund if my husband owes money for a school loan?

My husband has not able to work for some time. I would like to claim him this year but he thinks they might be able to take my refund because he owes a large amount for a school loan.

Can IRS take my refund if my husband owes money for a school loan?
So far all bad answers.





1. Yes, you can file MFJ as opposed to MFS. You've always had this choice whether he was working or not.





2. Yes, the default is that if he is in arrears, the IRS will send any refund to the debt.





3. You as the one who DOESN'T OWE the loan is considered "injured" (not innocent as some posts keep claiming) and can file a form 8379 requesting that your "share" of the refund be sent to you anyway.





4. If you are in a community property state, you may only get half of the refund.
Reply:you can file an innocent spouse form - that would protect half of your refund
Reply:If it is your husband you should have been "claiming him" every year by filing a joint return. You do have the option of filing "injured spouse" and possibly claiming any of the refund that was attributed to your income.
Reply:If the loan is in default, then they can.
Reply:yes, few years back they took mine (but not everything). the reason i never pay my student loan..... so now i learn my lesson its better to apply for financial hardship so the IRS won't offset my refund...lol