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Yes.

they can, but you should file jointly and so they don't garnish the spouses part, file injured spouse, and I do not know why it is called that but I know my husband owes back support and that is how we have to file so I will get my part.

The one above, who erased my previous answer but goes on to say she doesn't really know what she is signing....well hope she qualifies or it could be criminal...

And no matter what, to avoid the issue, filing seperately is better. And no matter what...getting your spouse to pay their obligations, (like there taxes or supporting their kids) is better. And if your in a community property state, or the debt doesn't come from those very specific things, etc., etc., injured spouse won't work. Accepting it, and when the problem comes up...you'll have serious ones (probably after he abandons you like he apparently may have done to his last), or just fails to pay his taxes now too...maybe lies on them (the current ones YOU ARE responsible for).

You are an injured spouse if your share of the overpayment shown on your joint return was, or is expected to be, applied against your spouse's past-due federal debts, state taxes, or child or spousal support payments. If you are an injured spouse, you may be entitled to receive a refund of your share of the overpayment. For more information, get Form 8379, Injured Spouse Claim and Allocation.

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Q: If you have a court ordered tax refund garnishment from Michigan and you now reside in New York For 4 years can they take the refund Also can the garnish the wages of the spouse if they file jointly?
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