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If I owe child support will I still get a stimulus check

 
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12 Replies
HelenC12
Expert Alumni

If I owe child support will I still get a stimulus check

No, you probably won't get a stimulus check. The only debt that is not waived is unpaid child support payments. If the amount of child support you owe is less than your stimulus amount, you'll get the difference.

 

See What the Coronavirus Stimulus Package Means for You

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rm86
New Member

If I owe child support will I still get a stimulus check

My spouse owe's child support and I haven't received a stimulus check. Will they take my stimulus check because of his child support?

DaveF1006
Expert Alumni

If I owe child support will I still get a stimulus check

No. According to this National Consumer Law Center link about the Cares Act.

 

EXCEPTION FROM REDUCTION OR OFFSET.— Any credit or refund allowed or made to any individual by reason of section 6428 of the Internal Revenue Code of 1986 (as added by this section) or by reason of subsection (c) of this section shall not be

(1) subject to reduction or offset pursuant to section 3716 or 3720A of title 31, United States Code,

(2) subject to reduction or offset pursuant to subsection (d), (e), or (f) of section 6402 of the Internal Revenue Code of 1986, or

(3) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection.

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If I owe child support will I still get a stimulus check

I’m have the same question. I even filed injured spouse because my husband owes back child support. 

If I owe child support will I still get a stimulus check

Stupid question, but would this mean since I filed Married Joint and I’m the IS( injured spouse) because my husband owes back child support. I filed 2019 with IS and received my return because I’m the sole financial provider for ourselves and 4 children. Is there a form to fill out to reverse child support taking my stimulus check(4,400) today per what the OFFSET line said when my husband called 

MaryK4
Expert Alumni

If I owe child support will I still get a stimulus check

Injured spouse does not apply to the stimulus payment. 

@brandrea315

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MaryK4
Expert Alumni

If I owe child support will I still get a stimulus check

I will adjust my previous answer a bit- as of now, there is no innocent spouse that applies to the stimulus payment.  Hopefully, this will be corrected so that you can get the help that is needed by all families now.  There is also a possibility that the payment will be picked up next year when the payment is reported on the tax return.

@brandrea315

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If I owe child support will I still get a stimulus check

Would I  be able to receive a stimulus check,or will child support take it?

 

ErnieS0
Expert Alumni

If I owe child support will I still get a stimulus check

As currently written, the American Rescue Plan Act of 2021 does NOT allow the third stimulus payment to be reduced by unpaid child support (section 6402)

 

The bill says:

 

Any refund payable by reason of section 6428B(g) of the Internal Revenue Code of 1986 (as added by this section), or any such refund payable by reason of subsection (b) of this section, shall not be—

 

(A) subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 of the Internal Revenue Code of 1986 or any similar authority permitting offset, or

 

(B) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection.

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If I owe child support will I still get a stimulus check

Well the IRS sent half of mine and my husbands third stimulus for back pay child support. 

If I owe child support will I still get a stimulus check

It depends.  The IRS does not withhold stimulus checks for child support reasons unless a levy is in place and the IRS has been instructed to redirect funds by legal authority.

@Csabkl09

If I owe child support will I still get a stimulus check

I’m not asking if they will I’m stating that they did in fact take half of the third stimulus. We are not aware of any levy’s in place for back pay child support. We received all of the second stimulus and our situation has not changed since the second stimulus. Money goes to child support every week for the regular payment and money also goes towards back pay. We are actively paying child support current and past due arrears. 

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