can the irs take my back child support payments for any back taxes that i owe to them?
Wednesday, February 10th, 2010 at
3:50 am
the irs intercepted my ex husbands income tax return and the payments are on hold at the buy rx drugs attorney generals office. I was wondering if the irs can intercept and take my back child support payments and keep them for money i own in back taxes
Once the money hits your bank account, yes, if the IRS has issued a notice of intent to levy. If you are on a payment plan with the IRS and remain current on it then they will not touch the child support money directly.
The rules may be different if you owe money to your state. Once the money hits the AG’s office it will be up to state law (and probably the discretion of the AG or tax collector) as to whether it can be captured at that level to satisfy the state debt.
They should.
The Department of Treasury’s Financial Management Service (FMS) has offset your ex-husband Tax REFUND not return. The money usually is not offset to your debt if it is not from a joint filing. Your children will be receiving the refund from attorney general in time. contact Attorney general to find out if they have a release date. The FMS must also wait to see if your ex is remarried and his new wife could have filed an injured spouse form to claim her half of the refund.