Solved: Re: thank you I'm just nervous I always am when fi... - Page 2
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Level 15

If my dependent owes back child support will they take my taxes if i claim him?


@Ewa6565 wrote:

hey how did it go when you filed? did they garnish your return when your dependant owes child support?


Just to be clear on this issue....

If you are claiming someone on your tax return and they have some kind of tax debt or unpaid personal debt such as child support or student loan, the IRS will NOT seize your refund for the debts of a dependent claimed on your tax return.

If the dependent files a tax return, the IRS WILL seize any refund on the dependent's tax return for the unpaid debt.

 

The other issue is when the debt is owed by a spouse and the tax return is being filed as Married Filing Jointly.  If the spouse has an outstanding tax debt or personal debt of back child support or unpaid student loan, the IRS WILL seize the refund on the joint tax return.  Unless the other spouse includes with the tax return a Form 8379, Injured Spouse Allocation to prevent the seizing of their portion of the joint tax refund.

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