2007-01-19 14:10:40 · 13 answers · asked by buffalodave14 1 in Politics & Government ➔ Law & Ethics
you betcha! The IRS doesn't care if you don't have a job, if you've got money coming, their gonna keep it. If you have kids, you can't file separately if you want to clain earned income credit. There is an "innocent spouse" form that separates your income from that of your significant other, and the refund is divided accordingly. I could tell you another way to handle it, but it would be a felony for me to do so (email me)
2007-01-19 14:18:40 · answer #1 · answered by Anonymous · 0⤊ 2⤋
If the obligation is yours, it doesnt matter how you file the return, the refund can and will be garnished. What you can do is appear in the court that issued the original support order and ask to have the order modified. You will have a chance to present what evidence you have that continuing to pay the ordered amount will be a hardship, and of course the court will want to see what efforts you are making to improve the situation for the future.
Even if the obligation was your spouses, predating the marriage, child support is an ongoing obligation, and would in most cases survive a bankruptcy filing. The only option in such a case is to maintain separate bank accounts and dont comingle any of your funds or other assets. In such a community obligation situation any property that was found to be jointly owned could be seized pursuant to a court order.
I suggest that you proceed as above, and ask the court to modify the order. Good luck.
2007-01-19 14:23:08 · answer #2 · answered by Jeffrey V 4 · 0⤊ 1⤋
Let me start off by saying yes they can. I am in the same boat as you. I have to file an injured spouse claim every year because of my husbands past due child support. If you file an injured spouse claim which is a 8379 form, you will only get back half of your expected return. Since he has no income for 2009, I would file married filing separately or just file separately. The hassle of filing the 8379 form is frustrating!! They pick apart your information on the tax forms and you have to wait about 2-4 month longer for your return. If you file in Feb. don't look for it till April or May. Like I said I do this every year for the last 9 years trust me. Good luck to you.
2016-05-23 23:23:00 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Yes your tax return can be garnished for unpaid child support. If you have remarried, you can file separately so only your tax return is effected. Because you are currently not working will not matter.
If you file a return they can and will take from it. If you owe child support, they can also garnish your wages, go into a bank account...(savings or checking) to get it..... hold your car title or even put you in jail.
I agree you need to pay your child support, as they say.....it takes two, and it isn't cheap or easy raising children.
2007-01-19 14:22:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, they can garnish your tax return if you are in arrears. If you file jointly, your spouse can file for protection as an "injured party" to protect his or her portion of the refund, but that does not mean that request will be granted. So, you might be better off filing singly.
2007-01-19 14:26:03 · answer #5 · answered by Jane 3 · 1⤊ 0⤋
not sure i understand the question. jointly with a new wife? i'm not sure how the laws work with that. but if you ask a tax expert they can advise you on how to work that out. if you have only been unemployed for a short time then they may not garnish at all. your best bet is to just ask who ever does your taxes.
2007-01-19 14:16:38 · answer #6 · answered by butter_cream1981 4 · 0⤊ 0⤋
If you owe child support they WILL get the money. They can garnish your tax return, they can garnish any wages you receive in the future they can also garnish you unemployment benefits.
2007-01-19 14:50:47 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you owe child support they will take it either way you file. Bottom line is stop trying to ask questions to get you out of paying your child support I'm sure your children need the money. If you owe it pay it youll probably feel better too.
2007-01-19 14:15:39 · answer #8 · answered by lovewhereilive 2 · 2⤊ 0⤋
You know, reading this I can't even come up with a reply. The gall of some people. How about you let your kid(s) read this when they're 18 so they can see how their dad tried to get out of supporting them? Wow.
2007-01-19 14:18:55 · answer #9 · answered by unique2477 3 · 2⤊ 0⤋
YOU NEED TO PAY YOUR CHILD SUPPORT WITHOUT ASKING IF YOUR TAX RETURN CAN BE GARNISHED. PLEASE HELP WITH THE SUPPORT OF YOUR CHILD OR CHILDREN, NO MATTER, THE CHILDREN NEEDS YOUR HELP FINANCIALLY.
2007-01-19 14:44:12 · answer #10 · answered by bettys 4 · 0⤊ 0⤋