You'll need to sign in or create an account to connect with an expert.
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
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?
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.
I’m have the same question. I even filed injured spouse because my husband owes back child support.
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
Injured spouse does not apply to the stimulus payment.
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.
Would I be able to receive a stimulus check,or will child support take it?
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.
Well the IRS sent half of mine and my husbands third stimulus for back pay child support.
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.
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.
Still have questions?
Make a postAsk questions and learn more about your taxes and finances.
PaulKoss
New Member
tm13231525
New Member
chelsea23320
New Member
SL_276651
Level 1
FoundlingsAreOurFuture
Level 2
Did the information on this page answer your question?
You have clicked a link to a site outside of the TurboTax Community. By clicking "Continue", you will leave the Community and be taken to that site instead.