HV Ken Posted March 17, 2014 Report Share Posted March 17, 2014 Unfortunately, Joint refunds being taken for debts of one of the spouses is not a new issue for me....I have many married clients that file as MFS (even though the MFJ refund would be better) for this reason. Not for this particular case, but in these other cases have you considered first filing MFS, and then amending to MFJ later and whatever the better refund would have been would go towards the debt. They didn't have that money anyway, and it is being used to pay down the debt! Quote Link to comment Share on other sites More sharing options...
jasdlm Posted March 17, 2014 Report Share Posted March 17, 2014 "She can file the FAFSA with out him. My wife filed it with out me for my step children for years.I paid for college but we received more money with out me. As a step father I did not have to show.We went to an education consultant help us." This is in direct violation of the current rules, which I posted above. 2 Quote Link to comment Share on other sites More sharing options...
Jack from Ohio Posted March 17, 2014 Report Share Posted March 17, 2014 "She can file the FAFSA with out him. My wife filed it with out me for my step children for years.I paid for college but we received more money with out me. As a step father I did not have to show.We went to an education consultant help us." This is in direct violation of the current rules, which I posted above. Agreed. Whatever consultant gave you that information is in error and if it is ever investigated, the money that is owed back will be treated the same way as delinquent student loans and the amounts WILL be repaid. I have three kids that went to college a total of 11 years between them. jasdim is correct. 1 Quote Link to comment Share on other sites More sharing options...
RitaB Posted March 17, 2014 Report Share Posted March 17, 2014 In my personal opinion, this client should never file MFJ with this husband until after such time as he has filed all back tax returns and paid all taxes, penalties and interest due. All his taxes, penalties and interest may be much greater than the tax credits and financial aid currently available. I had a situation some years ago with a new client much like the above. Couple married in 2009 and filed MFJ with tax return prepared by another preparer. IRS took the refund she was expecting for his unfiled back taxes (1099s were issued by the contractors that hired him as a subcontractor). I filed 2004-2008 for him as single and 2010 for both of them as MFS. They are no longer clients of mine. Hey, welcome to the forum! Great first post. OK, now I am really getting to work. Quote Link to comment Share on other sites More sharing options...
kcjenkins Posted March 17, 2014 Report Share Posted March 17, 2014 I fixed the B = in the original post, so deleted the two posts referring to it. For anyone who does not want that in their posts, the 'fix' is just to add a space between the B and the ). Quote Link to comment Share on other sites More sharing options...
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