fed return vs. student loan

[ronrontx]

i reside in texas. i have defaulted on my student loan from college. i know-dumb. problem-trying to get back on my feet with new wife and new child. we were going to use fed income tax return to help get caught up again. can the guarantor of student loans seize the fed return? i imagine they can, but i have never been to court and no judgement has ever been issued. the return is in both our names. filed married joint return. loans are long before my present spouse was on the scene. can they hold her joint or severably liable for my delinquent loan pymnts? a percentage of the tax return is hers. shouldn't they only be allowed to seize my individual portion of the amount refunded. should we refile married-filing separate, let them have my fed return and begin a new pymnt schedule with them-which we are beginning anyway. please advise. i would really like to hear fro someone before i try and break the news to my wife-i'm sure she'll be real pleased. ? anybody have any room in the dog-house?

[jon]

Hopefully it isn't too much money. I'd be more concerned about assets held in your name. Your wife, if she held property, would not be subject to the loan. However, your wages could be subject to garnishment. You may want to work this out as soon as possible, perhaps a payment plan now that it seems you have yourself more together...