injured spouse

What is the name of your state? NM. I'm told by the tax advocate office in ALbuquerque that even though my wife accrued a $10,000 debt on student loans prio to our recent marriage, and even though the federal income tax we submitted showed that I paid 90% of the taxes, that the federal government is going to confiscate 50% of our combined taxes for her outstanding debt. Is this truly another unjust law? Please help.

[abezon]

It's not unjust. You live in a community property state, so 1/2 your income & 1/2 the refund is hers & the IRS can take it. If you want to avoid this in future, you have some options:

1. Adjust your withholding payments so that you owe a little in April. That way there is no refund for the IRS to grab.

2. Get "divorced" but continue living together. Now the IRS can't go after any of your assets for her debts.

3. File married separate. (Probably a bad idea since you make the bulk of the money.)

4. Get her name off any big assets like the house, so the IRS can't put a lien on it.

5. Just file an injured spouse claim every year & wait 3 months to see what the IRS decides to send you.

6. Pay off the loan.