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Can the entire amount of a state and federal tax refund be taken for child support that is owed?

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Answered 2014-05-14 15:56:50

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

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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.


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.


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


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.



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.


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.


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



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.


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


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.


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.


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.


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.


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


There is no maximum refund. If you overpaid your federal taxes, you'll get a refund for the overpayment no matter how much it is.


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.


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?


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.


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.


Not everyone gets Topic 203 on Where is My Refund. Topic 203 relates to tax offsets due to unpaid child support and federal debts.


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.


The tax credit amount does not have any affect on your AGI nor on your taxable income amount. Your federal income tax liability if any will be reduced by up to the 8000 of your FTHBTC. If your federal income liability is less than the 8000 amount then you will receive a refund of the amount that is left. The 8000 FTHBTC is a refundable credit and if you do not have any federal income tax liability you will receive the 8000 amount as a refund.


Im never refund federal tax, like a boss.



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