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

[DoninGA]

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@Ewa6565 wrote:

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

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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.

[mpez0811]

I have a question

I didn't work in 2020 and owe back child support, but my spouse did so when we file married joint and fill out the injured spouse form

What portion would the IRS keep for garnishment? Since I didn't make anything in 2020

[MarilynG1]

@mpez0811  If you did not work, your Injured Spouse should get the full amount of any Refund.

Click this link for more info on Injured Spouse Refund Calculations. 

[Danac34me]

Well what can I do because mine was actually taken and given to the person I claimed as a dependent because I fully took care of that person all year with no help. Ave gave the whole$8,000 to his baby momma for back child support

[Danac34me]

Mine was actually taken from last year's taxes so$8,000 of it

[KathrynG3]

@DoninGA is correct, the dependent's debts should not impact the taxpayer's refund. If this person is listed as jointly owning your bank account, however, that may be different.

Only married persons are eligible for protection from the other spouse's debts: What is an innocent spouse and how does it differ from an injured spouse?

You could try getting a Taxpayer Advocate. Click the link for help getting a local taxpayer advocate. Contact the Taxpayer Advocate Service Online at: Taxpayer Advocate Service Contact Us. 

For more ways to contact the IRS, see: IRS Let Us Help You.

For all related taxpayer advocate information, see: Topic No. 104 Taxpayer Advocate Service – Your Voice at the IRS.

For more information, see: Who Can Garnish an Income Tax Refund? - TurboTax Tax Tips & Videos

[nayquan08]

Just wondering if everything went smoothly when you filed. I’m having the same situation, Judy wondering what the outcome was..

[xmasbaby0]

@nayquan08  The last time anyone posted anything to this thread was months ago in April.   You are unlikely to get a reply from the person who you thought you asked a question of, since they are probably not paying attention to this forum now, and since many people have posted here, they do not know who you were trying to ask the question of.   If you have a question of your own, please post a complete and specific question so we know how to help.

[Katiedooley2503]

Does it matter if you are married? My fiance and I will get married this month, and I owe child support. I will not work so he is the one filing taxes and claiming our 2 kids. If he also claims me they won't be able to take his taxes even though we're married?

[JohnW152]

Once you’re married, if you file a joint tax return, your joint refund can be applied to offset any child support debts you have.  So, yes, the refund on your joint return could be taken to offset your debts.

And, if you each file with the Married Filing Separately filing status, there are a number of tax credits you wouldn’t be eligible for.

However, there’s something called an Injured Spouse claim that will probably benefit you as a couple, especially since you won’t be working.  

For information, please see the TurboTax article What is IRS Form 8379: Injured Spouse Allocation - TurboTax Tax Tips & Videos.   

Form 8379 entry information can be found at How do I file Form 8379, Injured Spouse Allocation?.  

Also see Levying your state tax refund through the State Income Tax Levy Program (SITLP) in the IRS’ Federal and State Levy Programs page for more information on tax refund offset.

@Katiedooley2503

[xmasbaby0]

@Katiedooley2503   Just to be clear---when you get married, your spouse can never "claim" you as a dependent.   If you are legally married your filing choices will be to file a joint return or to file married filing separately.   There are a lot of disadvantages to filing separate tax returns.   If you file that way you will lose the child-related credits like earned income credit and the childcare credit.

Your spouse can file as an "injured spouse" to protect some of the refund from being seized for the child support you owe ---he can do that even if you file a joint return.     @JohnW152  has already provided you with some excellent links to information about that.

If you were legally married at the end of 2021 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $25,100 (+$1350 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

[tatvbug23]

i dont think u even know what your talking about.....you are as wrong as wrong can be

[tatvbug23]

first off you dont know what happened, how can the irs take ur tax refund and give it to one of ur dependents and give it to his baby momma

[Affordabletaxes2021]

They didn’t take your dependents refund. They took the money you owe for child support out of your check. It wouldn’t matter if you had no dependents , they’d still take your refund for past due child support.  I’ve been doing this for over twenty years., am an Enrolled Agent  the dependent has nothing to do with you lack of child support payments to the point of taking a tax refund. It’s back child support that took your refund . 

[xmasbaby0]

@tatvbug23 You have posted to an old thread that has not had recent activity----the last time anyone posted was months ago.   There are no other posts in the user forum under your username tatvbug23.   You have provided no details about your own situation, but it sounds like your refund was seized by the IRS.   The IRS can take your refund if you owe back taxes or child support.  The refund does not belong to your dependent.   

 refund offset.

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

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

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

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

TurboTax does not receive feedback from the IRS regarding money that was offset from your refund.  If you owed back taxes or child support, you will receive a letter of explanation from the IRS in several weeks.  The WMR site will contain a message regarding your offset.  It is also possible that the IRS caught a mistake you made and reduced your refund.