I owe back child support and know they will take out of my refund my question is will it be taken from my federal or state refund?

[CassLO]

The Treasury Offset Program (TOP) is administered by the United States Department of Treasury’s Financial Management Service (FMS). It allows federal and state government agencies to collect outstanding debts owed to them by garnishing, or offsetting, your debt with your tax refund.

You can find additional information in the links below:

• Who Can Garnish an Income Tax Refund?
• Topic No. 203 Reduced Refund

[Melindawall1]

Will i get a stimulus check now that i filed my taxes 

[kbthug123]

Yes they are still giving them out to people and if u filed that's how they will send it to u and they have a thing on the irs website that  will calculate when you will get your stimulus check

[JotikaT2]

It depends.

The IRS has just started issuing the stimulus payments and is working as quickly as they can to issue the payments.  If you have not filed your 2019 return, your stimulus payment will be based off your 2018 tax return.

What does the stimulus package mean for you?

The payment of the stimulus funds can be tracked at the following website:

Check status of economic payment

Please see the following for facts related to the payments as processed by the IRS.  

FAQ for Economic payments

Please be aware if you do owe back child support, your stimulus payment may be used to pay that.

[o2soccrchic]

I have another dependent (teenager) who got a summer job. I file head of household and owe arrears. Obviously they'll take my return, but if she didn't meet the income threshold, will they seize her refund as well? All I could find was if she were an "injured spouse" 

[Mike9241]

we don't have enough info to say whether or not your teenager needs to file, but if he does it will be his own return, not yours and the IRS can not take his refund for a debt you owe. 

[o2soccrchic]

She didn’t make more than $12k. She is still my dependent regardless but I don’t want to claim her if they’re just going to take her tax refund as well

[macuser_22]

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@o2soccrchic wrote:

She didn’t make more than $12k. She is still my dependent regardless but I don’t want to claim her if they’re just going to take her tax refund as well

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Your debt cannot affect your daughter whether you claim her or not.

[Robert Lewisjr70]

I thought that the government wasn't taking the 2nd stimulus check?

[xmasbaby0]

@Robert Lewisjr70 The IRS can take any part of your refund if you are getting the recovery rebate credit on your 2020 return.  They were not taking it when they sent the 2nd checks out by themselves.   But if you are getting the EIP payment as a credit on your tax return it's a different story.   If you owe back taxes or child support they can take your refund.  They will send you a letter in several weeks.

[danielg1z]

For owed child support payments will they be intercepting the federal return or state return or both? I owed the state before but not child support and they intercepted my whole state return which is understandable but I'm wondering if they'll do the same with my federal return?

[JohnW152]

Most likely, your refunds from both your state and federal return will be applied to back child support.

In general, federal tax refunds can be intercepted to pay debts to federal or state governments or to satisfy court-ordered support obligations such as:

• Past due federal taxes

• Past due state taxes

• Debts owed to state unemployment compensation agencies such as overpaid benefits that have been ordered to be returned

• Unpaid child support

• Unpaid spousal support 

• Any delinquent federal debt such as a student loan

Please see the IRS’ Topic No. 203 Reduced Refund page for more information.

[danielg1z]

Ok i understand. I also read that they can't touch the Stimulus and Child Income Tax Credit. For example early in the year (2021) when i received the 3rd and last stimulus payment i didn't claim my children (2) but i will be receiving the remaining balance for that as well as i didn't claim the Child Tax Credit early in the year at all but did at the end when I filed for taxes. I read that they can't and won't touch those funds? Is that true? For example my return to says its 12k plus 3k state but out of that(15k in total) 9k is owed stimulus and child income tax credit. 

[xmasbaby0]

@danielg1z Sorry--you misunderstood.   When they sent out those first EIP payments they could not take the first one for child support.   But that was the only one that could not be taken.

But now, any refund on your 2021 return is subject to being seized for child support or back taxes, even the stimulus recovery rebate credit or the child tax credit.  Sorry--they can take as much of it as necessary to pay the amount you owe even it they take all of it.

Edit----the 2nd EIP payment could not be seized for child support if it was sent as a check by itself.  The 1st EIP payment was subject to being seized for child support.

ANY stimulus payment on a tax return as a recovery rebate credit is subject to being seized for child support.

[xmasbaby0]

@danielg1z If you filed a joint return with a spouse then your spouse might want to file as injured spouse in order to protect the part of your refund that could be attributed to their part of the income.   That can be filed even after you e-filed the original return.   It does take the IRS a long time to process an injured spouse claim.

INJURED SPOUSE

https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation