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!