Will the Irs keep a refund even if the husband is making court ordered child support back payment?

He pays a monthly regular amount, and then arrears. I was just wondering if he is current in these payments will the IRS still keep our refund?Will the Irs keep a refund even if the husband is making court ordered child support back payment?
It really depends on how far he is in arrears. My husband was doing the same thing. However, since we got a hefty refund last year, the IRS did deduct the remaining amount he owed in arrears out of our refund. Unfortunately, they double dipped and ALSO deducted the same amount from our rebate check last year. The Florida child support office wasn't in any hurry apparently to refund us the money......we finally got back the amount that was over deducted in November.





I think it really depends what the remaining arrears amount is whether or not they will have an order for the IRS to deduct it from a refund. But from personal experience, yes, they will do it even if he's making arranged payments towards the arrearage amount.Will the Irs keep a refund even if the husband is making court ordered child support back payment?
They can, but they might not. The institution that is administering the child support arrearages would know this. Also, you can file an injured spouse filing to get your part of the refund if they hold the whole thing. These are really good questions to as the child support people and your tax people. That way you will know if they are certified to withold the check and then when they do you will know what forms to file to get your part back out of it. It is not all that hard, just call and ask questions. He will have to call the child support division himself, but you can call the IRS and ask or ask your tax preparer.
Yes, the IRS will keep a refund if he owes back support. And to be honest, why should he get to keep it when his children need to be taken care of.





Think about it... if he is going to get $5,000.00.... I'm sure the two of you see dollar signs and want to go shopping.... BUT WHAT ABOUT HIS CHILDREN....





And, being that you're asking, I'm going to guess you don't have any children.... They are expensive... to say the least. To give you an idea, I have a 5 year old and a 3 year old... In order for me to work, we have to pay for day care AND an after school program. Roughly $475.00 per month.... PLUS, she has to wear uniforms to school, that is another $200.00 for tops and bottoms - plus a school ';spirit'; shirt and such. Then, there are school supplies - which set us back roughly another $200.00, plus stuff like socks, undies, shoes, etc.... Then there is clothes and such for our son.... that adds up QUICK. Then, there are meals.... Our son usually eats more than me! LOL So, I no longer make for 4 people, but more like 5 or 6 so I can have some left overs to take a few days to work each week....... The list goes on and on, like car seats, etc.... Then, you have utilities and rent. You can't get away with a one bedroom either.... so that means more house.... more money.





All of which gets EASIER (not easy) with child support. He needs to pay.
If he is in arrears, than all of his refund will go to his ex for child support.





You can file a request with the IRS that you receive your portion of the refund (as you are not liable for his child support). See Form 8379. http://www.irs.gov/pub/irs-pdf/f8379.pdf
They will keep his refund...until the arrears are all paid off.


I know it's not what you wanted to hear but thats the way it goes. Oh and Btw, He isn't current on the payments...cause if he were they wouldn't be ';arrears';!
If you do not understand his financial situation, why are you living with him ?








If the IRS is keeping a refund, it is because he owes them a lot of money and is unwilling to pay.
they will only keep it if he owes back money for anything from child support or hospital bills but if he doesnt then they wont keep it
I'm not sure but look into it before you file. Filing separate may be the best thing for you to do.
yes