ok let me put that another way can they garnish my daughter income tax return if they have garnished her wages

Question

this is not a tax related garnishment it's a civil suit against her and was just curious i read on here that they can't touch the child tax credit because it's not considered wages

Answer 1

There are two indisputable rules: Gravity always wins and the IRS gets paid before you do. Ever notice how the word "the" plus IRS spell "theirs"? Best bet? Call a tax lawyer or the IRS.

Answer 2

The credit itself cannot be touched. The benefit of the credit is that it lowers your tax bill, often resulting in a tax refund.

I don't know about a federal refund, but I do know that some states will allow a creditor who has obtained a judgment to seize the debtor's STATE income tax refund. This makes sense because the judgment was obtained in a state court. The creditor will have to file documents in order for that to happen though, it's not like the state will just automatically take the refund.

Answer 3

I assume your daughter is not in a bankruptcy proceeding and can receive her own refund check.

If the debt is the type that can be offset by a federal refund, then that refund can be intercepted. So the answer to your question is: It is possible that whatever is causing your daughter's pay to be garnished may also cause her refund to be intercepted.

Types of debt that can be satisfied by a tax refund are government-related and the government seizes the refund to pay back the debt. These debts include back federal and state taxes, child support, overpayment of government benefits, student loans. If her pay is being garnished for one of these debts, then expect her refund to be intercepted.

Even if she has none of this type of debt, her refund may still be seized. If she uses a bank to accept her refund for her and then pay the tax preparation fees out of the refund, such as is common in the tax preparation industry, and she owes any of the banks that are connected to this process, then the bank can seize her refund to satisfy bank debt.

I would advise her to prepare her taxes herself or pay the tax preparation directly and not have tax preparation fees come out of her refund. That way at least the bank won't seize her refund.

Answer 4

If your daughter has a refund due to her, ANY creditor (through proper legal procedures) can lien it and take her refund. Even if they have already garnished her wages. They can garnish most income (there are exceptions) until their judgment is satisfied in full (this includes bank accounts, real property, etc..).

Answer 5

basically actual interior the technical experience that your "income tax return" is what you deliver the government, not what the government sends to you, and might't be taken in any experience. the money that the government sends you is a refund, not a return, and may well be taken even in the experience that your wages are being garnished. until the internal maximum loan is paid, or a minimum of out of default, they might take the two your wages and your tax refunds.

Answer 6

I am pretty sure that the only ones who can get ahold of an income tax return is the IRS and child support for back support. Other than that, I don't think they can. If she has been sued and it is in a court record to turn it over, then maybe. But, it would still come to her first.

Answer 7

They can garnish whatever they want to.

Answer 8

I already answered your question. If you don't believe call the IRS or just wait and see, or write a third question.