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Home | Blog | Tax Help | Can the IRS Garnish My Spouse’s Wages?

Can the IRS Garnish My Spouse’s Wages?

April 25, 2019 by Stephen A Weisberg

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There are so many terrifying stories out there about the IRS that it’s hard to know what is true and what is not. If you are behind on paying your taxes, there are some important things you need to know.

First, the IRS will send you or your spouse notices in the regular mail that notifying you of their intentions to collect a tax liability and potentially by wage garnishment. So you should never be surprised about an IRS wage garnishment before it takes place. You should also know that there are a number of ways to proactively avoid wage garnishment. A few options include setting up a tax payment plan with the IRS or to work out a settlement agreement, both of these options can help you avoid the unpleasantness of a wage garnishment. Although it’s more difficult, there are also ways to stop a wage  garnishment once it’s in place. 

You are likely wondering whether the IRS can garnish your spouse’s wages. That depends on several factors.

When Can the IRS Garnish My Spouse’s Wages?

The IRS can always garnish your spouse’s wages if you are married and filing jointly. The IRS can and likely will garnish both of your wages in that situation. If you and your spouse are married and filing separately, the IRS cannot garnish your spouse’s wages. However, when one person’s wages are garnished, this will inevitably affect the financial stability of the other spouse.

In addition, the IRS cannot garnish a spouse’s wages for taxes that were accrued before the marriage took place. For instance, if you owe money in taxes from five years ago, but you got married one year ago, your spouse can’t be garnished for any taxes that accrued before one year ago, assuming you filed a joint tax return this year.

What Can I Do to Avoid Wage Garnishment?

The bad thing about wage garnishment is that the IRS can take the majority of your paycheck. They only have to leave a very small percentage behind, and it’s usually not enough to live off of. This can be financially devastating for your family. The best way to keep this situation from happening is to contact the IRS and work with them to handle your tax liability in another way.

There are options for you.

  • You could work out payment arrangements. Payment arrangements are much better than wage garnishment, because they can be set to an amount that falls within your budget.
  • You could be able to settle with the IRS, known as an offer in compromise.
  • The IRS may agree to waive penalty fees if you have good reason for being behind on filing or paying your taxes.
  • The IRS may even agree to stop collections for a time if you are legitimately unable to pay your tax bill.

Avoid Wage Garnishment and Solve Your Tax Liabilities Today

Owing taxes to the IRS is not a fun situation for anyone, and you probably just want to get this situation resolved for good. If you are overwhelmed by your tax problems and have been putting it off because you don’t know where to start, we have good news for you.

The W Tax Group is here by your side with our seasoned tax attorney’s and CPAs. We will provide to you a 100% free tax case review and analysis, just request one here or call us at: 877-500-4930.

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