In this case, the IRS has special rules to offer relief and get you back your money that you had coming to you.
You are an "injured spouse" if you file a joint return and all or part of your share of the refund was, or will be, applied against the separate past-due Federal tax, state tax, child support, or Federal non-tax debt (such as a student loan) of your spouse with whom you filed the joint return.
If you are an injured spouse, you may be entitled to recoup your share of the refund. For more information, obtain, complete and submit Form 8379:
http://www.irs.gov/pub/irs-pdf/f8379.pdf
According to the IRS:
If you filed a joint return and you're not responsible for the debt, but you are entitled to a portion of the refund you may request your portion of the refund by filing Form 8379 called the "Injured Spouse Allocation" form.
Attach Form 8379 to your original Form 1040, Form 1040A, or Form 1040EZ, or else you can file it by itself after you are notified of an offset.
If you file a Form 8379 with your return, write "INJURED SPOUSE" at the top left corner of the Form 1040, 1040A, or 1040EZ.
IRS states that it will process your allocation request before an offset occurs.
The length of time before this offset is resolved oculd last 3-4 months.
If you file Form 8379 with your original return, it may take 11 weeks for electronic filed returns or up to 14 weeks from the date of filing if you file a paper return to process the return of your money.
More how to information on the new federal student loan debt forgiveness programs can be found at
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