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  1. #1

    Question IRS and Back Child Support

    Can the IRS take your refund for back child support if there was already an order on how to pay it off? In brief, baby was born last year, child support case opened shortly thereafter. After a LONG paternity battle, he was declared the father last month. He is responsible for support since the birth last year (now approx. $1900), so he was ordered to pay $242 each month for CS plus $8 towards the back support. Can the IRS now take his refund to apply to the back support even though there is a judgement on how he will pay it? Because technically isn't he not late because the order was just placed and he is current on payments? Is there anything he can do to stop it? Thanks!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,296

    Default Re: IRS and Back Child Support

    Yes, they can.

    (That's the short answer).

    He should check with IRS anyway - they WILL (given a little time and patience on the phone) tell him if there's something in place.

    But look on the bright side - it will just go towards arrears and they'll be paid off that much faster.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3

    Default Re: IRS and Back Child Support

    Can we request that they don't and just keep paying the extra $8/month? We were REALLY counting on the refund coming through.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,296

    Default Re: IRS and Back Child Support

    He can request it, yes - but if there is an order in place, it's going to happen regardless.

    If it happens (and this assumes you're actually married), you can file "injured spouse" and get your portion of the refund returned.

    And really - $8/month on top of a relatively small child support amount? He may want to start counting his blessings...
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    1,903

    Default Re: IRS and Back Child Support

    He can call 1-800-304-3107. He will enter his social security number twice and they will tell him if there are any claims against his refund for child support. If so, they will give him a number he can call to speak with a live person about it.

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