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My taxes get offset for arrears. I now have a newborn as my dependent.I should get my refund for the newborn . How to stop unfair offsets?

 
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5 Replies

My taxes get offset for arrears. I now have a newborn as my dependent.I should get my refund for the newborn . How to stop unfair offsets?

Not sure what you mean by "unfair" offsets.   If you owe child support or back taxes, any part of your refund can be seized to pay the debt you owe.  TurboTax never knows about offsets to your refund.   But the IRS knows and will seize your refund if there is on order in the system to do so.

 

https://www.irs.gov/uac/tax-refund-offsets-pay-unpaid-debts

 IRS Treasury Offset Program Call Center at 1-800-304-3107

https://ttlc.intuit.com/community/refunds/help/what-is-a-refund-offset/00/26301

 

Reduced Refund      https://www.irs.gov/taxtopics/tc203

 

 

 NOTE: You can contact the IRS Treasury Offset Program Call Center at 1-800-304-3107 to ask if they have an offset for you on file. TurboTax would not have that information.

 

https://turbotax.intuit.com/tax-tips/tax-payments/who-can-garnish-an-income-tax-refund/L7cPPzDyc

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

My taxes get offset for arrears. I now have a newborn as my dependent.I should get my refund for the newborn . How to stop unfair offsets?

Unfair meaning I've been pay my arrears on time since my older kids get auxiliary benefits.I only got behind on child support only because I got disabled.So that time between accident and getting SSDI . Child support grew I have no problem paying arrears. It's unfair to my newborn I now have.Child taxes dependant care goes to the older kids. How do I not get my EIC for my newborn 2nd family not to get garnished to my first family.

My taxes get offset for arrears. I now have a newborn as my dependent.I should get my refund for the newborn . How to stop unfair offsets?

Sorry---Congress writes the tax laws.   Congress says your refund can be seized for the back child support.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

My taxes get offset for arrears. I now have a newborn as my dependent.I should get my refund for the newborn . How to stop unfair offsets?

If your wife has income she can file an injured spouse to protect her part of any refund.   

LenaH
Employee Tax Expert

My taxes get offset for arrears. I now have a newborn as my dependent.I should get my refund for the newborn . How to stop unfair offsets?

If you are married filing joint, your spouse can file Form 8379. Form 8379 lets your spouse (the "injured spouse") to get back your portion of a refund from a jointly-filed tax return if it's seized or offset to pay your debt.

 

If you've already filed and your return has been accepted, you'll have to mail the form to the IRS using TurboTax to create the form.

 

If you’re using TurboTax Online, do the following to get back into your return and generate Form 8379:

  1. Sign in and scroll down.
  2. Select Add a State (you won’t actually be adding a state).
  3. In the search box, enter injured spouse and then select the link or button in the search results.
  4. Please be aware that when you get to the Tell Us More About Your Situation screen, in order to meet all qualifications to file the form, the box I am not required to pay the past due amount must apply to you. If so, check the box.

@thperkins35

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