Do i need to include spouses assets and earnings on a request for waiver of overpayment from SSI?

My case when I was on disability was before I was married and she had nothing to do with it. It was just me. Yet they still took $2000 from her last years tax return

Update:

My case when I was on disability was before I was married and she had nothing to do with it. It was just me. Yet they still took $2000 from her last years tax return as payment for my overpayment. 

4 Answers

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  • DIEGO.
    Lv 7
    4 weeks ago

    this is a good question!

  • Anonymous
    1 month ago

    Look at IRS form 8379. Since you state your wife didn't owe the debt and it predates the marriage, the Injured Spouse form (she's the injured spouse since the refund was taken away from her) MAY get her some of the money back. It will depend on the state you live in.

    If you live in California, nothing will be refunded.

  • 1 month ago

    No, they took $2000 from your joint return. She needs to file injured spouse.

  • 1 month ago

    Yes. When you are married, debts are jointly owned, just as earnings are and if the IRS is owed, it has a right to take it from your spouse's account because it is joint money.

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