Gardendale, AL asked in Tax Law for Alabama

Q: Okay well my daughters father owes childsupport and when it’s around tax time I never receive anything from his taxes.

The irs saids that they can’t do anything and my dhr worker told me she can’t do nothing about it either. What can I do since he’s way behind on childsupport .

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1 Lawyer Answer
Michelle D. Wynn
Michelle D. Wynn
  • Tax Law Lawyer
  • Melbourne, FL

A: Typically if your child support enforcement case is being handled by the child support enforcement division they can obtain orders that allow for garnishment of any back child support from the father (or mother). The child support enforcement agency would send this order to the IRS and the IRS would remit any refunds due to the father back to child support enforcement who would then send the funds to you. However, even if there is a court order, if your daughter's father doesn't file his returns, if he is not due any refunds with his tax returns, if he owes taxes or other federal debts, or if there are other garnishments that have precedence over yours, then you would not receive anything. All that the IRS can send to child support enforcement is any refund that he would otherwise receive if your child support enforcement order wasn't in place, so if he would not have received any refund you would not either and neither the IRS nor DHR would be able to do anything to change it. It is worth inquiring of your DHR worker whether they have filed the appropriate paperwork with the IRS just to make sure that they have done all that they can.

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