Lancaster, CA asked in Child Support and Family Law for California

Q: The IRS took all of my 2021 child tax credit for past due child support. I didn't even know I had a child support case.

IRS took my child tax credit from my younger 3 kids to pay past due child support for my older 3 kids, I have 6 kids total

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you were not aware of any child support case, it is possible that the case was initiated without your knowledge, or that there was a mistake in the calculation of the amount owed. You may want to contact your local child support agency to get more information about the case and to try to resolve any issues that may be present.

Regarding the IRS taking your child tax credit, it is generally legal for them to do so to pay past due child support. However, there may be some exceptions and limitations based on your individual circumstances. You may want to consult with a tax attorney or a qualified tax professional to get more information about your specific situation.

In terms of getting the child tax credit back, you may want to work with the child support agency to come up with a payment plan to get the past due child support paid off. Once the past due support is paid, the IRS should release any future child tax credit payments.

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