I was married in July 2010. I owe past taxes which are included in a Chapter13 bankruptcy? The IRS has kept my refunds the last 2 years. My wife has a son. Now that i am married will they keep my spouse's refund? how should we file our tax return?

“Now that i am married will they keep my spouse's refund?”----->The IRS cannot take collection action against the separate income of a non-liable spouse. If separate tax returns are filed, only the person who signed and filed the return is legally obligated to pay the taxes. If your spouse did not sign or file a joint return with you, then the IRS cannot collect from him or her.If joint returns were filed during a prior marriage, the IRS cannot collect your old liability from your new spouse.Even if a joint return was filed, the IRS has innocent spouse rules to protect a spouse who claims “innocence” as to the liability. Innocence generally means the spouse did not know or had no reason to know of the liability and received no benefit from the unpaid taxes. If the IRS grants relief, it will not collect from the innocent spouse even if a joint return was filed.The IRS also cannot take any separate assets of your spouse, like cars and real estate. However, if the asset is yours and you place it in your spouse’s name, the IRS can pursue your spouse for recovery.

“how should we file our tax return?”---->I guess you need som e professiona help; please consult with your tax lawyer or accountant. A chapter thirteen bankruptcy may be withdrawn if the person overseeing your finances does not believe you are meeting the obligations of the bankruptcy agreement. It is vitally important to make sure that all tax returns are filled out properly once you have declared chapter thirteen bankruptcy. Have a tax lawyer or accountant who specializes in bankruptcy take a detailed look at your tax return before you submit it.