Midway, GA asked in Tax Law and Child Support for Georgia

Q: I'm claiming my son but he just told me he hasn't paid child support in years. Will the IRS keep my refund?

He has lived with me for 13 months. He is unemployed right now because of an illness. That's why he lives with me. When I told him I could claim his said "No don't I haven't paid child support in years so the IRS will take my return". I just need to know what to do.

Related Topics:
2 Lawyer Answers
Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: You need to ask a tax professional.

Michelle D. Wynn
Michelle D. Wynn
Answered
  • Tax Law Lawyer
  • Melbourne, FL

A: If you claim your son as a dependent on your tax return and you are due a refund, the IRS should not take your tax refund to pay his back child support ( I hesitate to say "will not" because sometimes IRS does things it should not). In collecting child support arrearages, the IRS can seize any income tax refund that would otherwise be due to the person who owes the child support. Your son would not be eligible for a refund due to you claiming him as a dependent, you would eligible for the refund and you do not owe the child support. However, while the IRS should not take your tax refund, it may alert the child support collection agency of your son's new address making it easier to find him to pursue collections against him.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.