Let's see. I'm going to try to answer all the questions and ask a couple too.
First, Innocent spouse is incorrect in regards to what I mentioned in my original post. Injured spouse is the correct form. Every year we should have filed married filing jointly plus an INJURED spouse form. The Injured spouse form would allow him to receive his portion of a tax return without it being garnished to pay back my student loans. If I didn't work in that year, then the entire return would obviously be his. Now, technically, because I filed all of these and e signed them, he could file the Innocent Spouse form as well.
Second, the Head of Household status did not give the larger return. The standard deduction is larger for Married filing jointly. If you calculate the same exact numbers, only changing the filing status, it would generate the greater return because the standard deduction is larger. However, we do itemize and have always taken that instead of the standard deduction.
Third, why does the weekly income with holdings that I mentioned make you think we need a CPA? Just in general? Or for this situation? I know he has claimed all the exemptions he can on his W-4. His contributions into his retirement/pension are maxed out. Everything else like medical, dues, etc... comes out of gross pay. The $1000.00 weekly for Federal taxes is after those things are taken out. Im not sure if anything could lower that for us. Other than adopting a child, and he said we cant do that.
Honestly, its not that I need to find the money somehow to make the student loan payment. I just haven't even messed with it yet. I feel bad about it. I don't want my husband to have to pay it off for me. I feel like its unfair. And, yes, I realize that student loans cannot be discharged in a bankruptcy.I couldn't file bankruptcy if I wanted...I dont have anything else other than this.
As for debt, we have one credit card that we pay off. We have car loans that are both almost paid off. Other than that, we have our house, and basic living expenses. That's it.
And, I do know that they have six years to go back and audit in certain situaitons. Like mine. I have to hope that doesn't happen, but if it did, I would hire a lawyer and a CPA, give them all my files, go hide under a rock and pray for the best.
I greatly appreciate all of your responses and time. It was very kind of you.