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Yes, the entire state and federal refund can be seized for payment of child support arrearages.

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โˆ™ 2014-05-14 15:56:50
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Q: Can the entire amount of a state and federal tax refund be taken for child support that is owed?
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Does the entire amount of child support arrearages have to be paid even if it takes all of your federal and state tax refund?


How much of a garnishment can be expected on a tax refund if you are behind in child support?

The amount will depend on how much child support you owe and how much refund you are getting. They can keep the entire refund if necessary.

What is the likelihood that a tax refund will be taken by the trustee during a bankruptcy?

Generally it depends on the type of BK when or if it has been discharged, the amount of the refund, and if it is a federal or state bankruptcy filing. As a rule at least a portion of the refund will be taken by the trustee, more likely the entire amount is subject to relinquishment.

Will you get a refund if your federal tax refund amount is larger than the amount of a delinquent student loan?

Yes this is possible

Can state withhold federal tax refund for back child support?

Yes, states can withhold any form of income to recover back child support, including a federal tax refund.

When income tax is garnished does parent receving child support get entire check?

Yes, if amount owed in back child support is more than the tax refund. Garnishment percentage limits only apply to wages and other period payments. The entire amount of tax refunds can be applied to debts owed.

Can your tax refund exceed your federal withholding amount?


If EIC earned income credit is more than refund can student loans take your taxes Bankruptcy and other agencies cannot take your tax refund when eic is greater in amount than that of the refund?

Any federal or state agencies (including student loan and child support) have the right to take any amount due from your refund. It has nothing to do with EIC and they have the right to take the whole refund you are due if you are in default or have a judgment against you.

Does child support get all your tax return?

It can, yes. If you owe more in child support than you're getting as a refund, the state is well within their right to take the entire refund.

Can you request it least half of your income tax refund given to you and the other half go to child support?

No. The entire refund is subject to intercept.

Can a person receive a tax refund if they are currently in a payment plan for prior year's federal taxes?

Any refund due you in a future year will be applied against the amount you owe. Therefore, you may not get all of your refund if you owe certain past-due amounts, such as federal tax, state tax, a student loan, or child support. The IRS will automatically apply the refund to the taxes owed. If the refund does not take care of the tax debt you must continue the installment agreement.

If you are up-to-date on child support payments and are making payments towards the arrears will they still take the tax refund?

Yes, they will. If the amount you are getting back is more than the amount you owe, they will seize the entire refund. It's happened to me twice. I am currently up to date and have almost paid of the amount I owed, but they will take it if you have back child support payments. Fathers get their returns taken who are not in arrears. see links below

Will child support take all your tax refund even if you have children living full time with you?

If the amount of past-due support is at least equal to the tax refund, yes.

Why would they only take part of a federal refund but take the state refund as well for back child support?

Was an Injured Spouse form filed?

Can your federal refund be taken for child support if you have another child that you are claiming?

Yes. My husband and I filed our federal refund jointly (mind you he was behind 3K on child support) and they took it all of what he owed. BUT, I went back and filed out an 'Injured Spouse Form' to get back what i earned.

Can your tax refund be taken if you owe college tuition?

Yes. If you are in the FMS offset refund tax program for any legal government debts it is possible for the FMS to get a part of or your entire refund amount.

Does child support take earned income credit for back child support when you have two younger dependent children living at home?

Yes. The child support division may divert the entire amount of a tax refund to pay towards any back child support. The IRS doesn't care about other children or other obligations. The only way to prevent this is file for a modification of the support order in court and provide compelling reasons why the entire tax refund check should not be diverted to pay down child support arrears. This will continue until all amount in arrears is satisfied and after that time, it is your responsibility to ask that the state that intercepted your tax returns do a tax offset review. Be prepared to provide all documents that show you have paid and are current, then they may dismiss the lien against you. You may be entitled to a refund from that state if your tax refund continues to be diverted after the arrears has been satisfied.

Do you have to claim state refund on federal tax as income?

If you took the amount as a deduction as State taxes on your federal return originally (say refund is from a prior year), then getting it back now is reported as income.

Is a tax refund considered when determining the amount of child support in Illinois?

No. Child support is generally based upon the obligated parent's monthly income from wages and any other source. A tax refund is not always for the same amount nor always applicable and therefore could not be counted as an income source. A tax refund can be seized for child support arrearages.

Can you still get a refund even though you owe federal taxes?

Yes, as long as your refund amount is more than your present or past tax liability.

Your tax return was 1079 and your back child support is1300 how much of that return will you see?

I presume you mean your return showed a "refund" of 1079. Presuming your back child support is in their system, and it is more than the refund, the entire refund will be applied against it. Any reason it shouldn't be?

When can federal taxes be taken?

Generally your Federal Income tax refund can be taken to pay any past taxes due, unpaid student loans, unpaid and delinquent child support due, and most any amount due to a federal or state agency. It is far more unlikely for the refund to be attached for normal credit balanced due if not due to a government agency though it has been done.

How can an injured spouse get the couple's entire refund back if it was offset for back child support?

The injured spouse may or may not get back the entire tax refund. They will have to file an injured spouse tax form (Form Number 8379). The IRS will figure the amount of the tax refund which would be allocated to each spouse and that percentage will be refunded to the injured spouse. If the spouse with the debt was the only one working, the injured spouse will get little or none of the refund back. It all depends on the return and their situation.

Can a landlord take from your tax refund?

No. The IRS will take an income tax refund for back federal or state taxes, unpaid child support or alimony, student loans in default, and any unpaid federal or government debt.

How do you check on your federal income tax refund?

Go to the IRS web site and on the site is a link to the page to check on the refund. You will need your social security number, the exact amount of refund, and filing status.