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.
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- Georgia
- (770) 854-0777
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- Answered
A: You need to ask a tax professional.
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.
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