I my ex owes child support and doesn't have a social security # can IRS track his refund if child support don't know his ITIN #

[Maria0308]

I my ex owes child support and doesn't have a social security # can IRS track his refund if child support don't know his ITIN #

[SweetieJean]

Do YOU know his ITIN?

[Maria0308]

No, I do have a court order. Also child support doesn’t have his ITIN

[DanielV01]

More difficult for sure.  However, if you have filed a joint return with your ex in the past, another option is to ask the IRS for a tax transcript for the year that you filed a joint return, because his ITIN will be listed on that return.

[Maria0308]

Can they track him with his name and date of birth? or do I really need to know his ITIN?

[DanielV01]

The IRS is a huge organization, so it would be very difficult for them to track him without the ITIN.  Remember, this is a tax forum so I am answering this from a tax law standpoint only.  You may have other legal options that you may wish to consult with an attorney.  The information I have given is how you could get the ITIN using tax law and provisions.

[Maria0308]

Thank you.

[DanielV01 · Accepted solution]

Yes they can, but it is admittedly more difficult in your case to see a result.  If the child support is court-ordered, you likely do not need to know your ex's ITIN because that information is likely in court documents.  If you report back to the court that you have not been getting the child support, they should be able to help get the claim filed to the proper place so that the IRS may offset future refunds to collect on the back child support.

But there is another issue:  if he has no refund or decides not to file tax returns, there isn't any income the IRS can offset to help pay your back child support due.  

Nevertheless, you probably should do what you can on your end by reporting the back child support to the appropriate court authority.  This at least will give the IRS the opportunity to have his future refunds offset, but it's not a guarantee.