If i claim my girlfriend who i support all year and our new baby as dependent and I owe back child support will it take theirs away

[DoninGA · Accepted solution]

If she files a tax refund indicating she can be claimed as a dependent, the IRS will NOT seize her tax refund due to your debts.

[DoninGA]

Additionally, if her gross income is $4,200 or more for tax year 2019 you cannot claim her as a dependent.

[Cfr4]

No she’s didn’t work due to pregnancy and baby all year 

[DoninGA]

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@Cfr4 wrote:

No she’s didn’t work due to pregnancy and baby all year 

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If she did not have income of any kind then there is no reason or need for her to file a tax return.  She is not eligible for any type of tax credit based on earned income since she did not have any income.  And she cannot get a tax refund if she never had any taxes withheld from her income.

[Cfr4]

So I will get hers and baby’s tax return just not mine? also filing as divorced from my previous marriage 

[Cfr4]

What about the baby? 

[DoninGA]

If you are not legally married as of 12/31/2019 and have not remarried, then you have to file as Single on your 2019 tax return.  If the child is your biological child, then you can claim the child on your tax return and be eligible for the the Child Tax Credit.  And you probably will be able to file as Head of Household, again if the child is also yours.  The girl friend can be claimed on your tax return under the Qualifying Relative rules if she meets all the requirements.

To be a Qualifying Relative -

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.
3. The person's gross income for the year must be less than $4,200 (social security does not count) in 2019
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.
6. The person must not file a joint return with their spouse.

[DoninGA]

Now for the issue of your debts.  The IRS can seize your entire tax refund for payment of a debt, such as child support.  

Your tax refund and any tax credits on your tax return are Yours alone when you are filing as either Single, Head of Household or Married Filing Separately.  They do not belong to any dependent you claim on your tax return.  They are not the child's or your girl friend's.