Filing an amended return?

There was an unpaid student old loan that was in my name only. It was taken out of the joint tax return my husband and I filed, leaving us with only $23 from that return.
I just received a letter today stating that if the debt was completely my responsibility, then my husband could file as "injured spouse" and still get his portion of the tax return.

What I'm wondering is that since the debt has now been paid in full, can I even file an amended return or is it too late? Now that the debt is paid, do we stand a chance of getting his portion back?

My other question is that if we DO file an amended return, should we file as 'married filing separately' or do another as 'married filing jointly' and do what they called as "injured spouse''?

You should go online and get the Injured Spouse form, IRS Form 8379, with instructions. It will tell you to file the form by itself, with copies of all W-2 forms attached to it. The form should be filed at the same service center where the original return was filed.

You will not need to file an amended return, Form 1040-X, unless there are other issues you need to correct on your original return, or if you need to claim a joint refund.

I recommend that you secure the services of a tax professional for this, as it can get rather tricky in filling the form out correctly. When you read the instructions for the form you will see what I mean.