My fiance owes back child support if he claimed me and our child on his taxes will child support take all the money or just his earnings?

[jessiex322]

I am currently not working but my fiance is so was not able claim our son this year so my fiance claimed me and our son and i just want to know if we will be able get back anything from our taxes or will child support take all of it 

[xmasbaby0 · Accepted solution]

If your BF owes delinquent child support, his refund will likely be seized by the IRS, no matter whether he is claiming you and/or your child as dependents.

[michiganmade1]

My federal tax return says they took money for backpay child support. Does anyone know how long it takes for the childs mother to recieve the money on her child support card after Ive recieved my federal tax refund saying that the department of human services has taken the money out for child support back pay?

[sillymillie76]

Good luck, ive been waiting since Feb. and some are saying up to six months

[lifeofbmi]

If the non custodial parent filed single, it can take about 30 days for the payment to post. If the non custodial parent filed jointly with their spouse, it can take up to 6 months. This give the spouse time to file an 'injured spouse' form (meaning they have no legal obligation to the back support) to prevent the IRS from offsetting their portion of the tax refund. I am currently waiting for a deposit as the custodial parent and it has been about 2 or 3 weeks so far and I am still waiting.

[sillymillie76]

Ive been witing for 40 days now, and still nothing. All my Ex had to do was go sign that wavior form and they would have already released those funds to my kids.

[SweetieJean]

OP is not married.

[sillymillie76]

My ex is single, and can still sign a waivor form but won't

[SweetieJean]

The reference to Injured Spouse above does not apply if you are not married.

[lifeofbmi]

Most jointly filed taxes will be from marred spouses.

[sillymillie76]

Your right it doesnt. But there is a single wavor form they can sign. I finally got my ex to go sign it yesterday. Its basically states they arent dispuing the offaet so the funds can be applied to the arrears he owes.

[SweetieJean]

The original question references a fiance and does not say a Joint return was filed.

[Hendersonacosta]

So sillymillie76, since he did that, have you received anything yet?

[Hendersonacosta]

And did any of you custodial parents get paid by check with a date listed as payment date?