Can the IRS with hold your refund for unpaid debt if you haven't been served judgement papers?

Question

I'm allowing my X Husband to direct deposit his tax refund into my bank account but am concerned as he has unpaid debt and a foreclosure on his credit report. I don't want the IRS coming after me or my bank account.

Answer 1

If you know that this is coming.
Talk to your tax preparer about filing what is known as 'injured spouse'
If you do this you can keep your
portion of the refund and the IRS will take his.

Answer 2

That depends upon the debt. If it's a commercial debt -- credit cards, home mortgage, etc. -- it cannot be touched by the IRS.

If the debt is a defaulted student loan, government debt or unpaid child support, FMS can capture the refund directly from the IRS.

Unless his name is still on your bank account (NOT a wise idea for an ex -- ESPECIALLY if he owes the IRS!) the refund will not clear your bank; it will be rejected and returned to the IRS. They will then cut a paper check which he should receive in 6 - 8 weeks.

Answer 3

No because if he owes back child support than that would keep a lot of people from getting there taxes back. If you went to small claims court and you had a judgment against you than you still would not have your taxes taken because you would first not have to pay the judgement. Then the person you owe the money too has to try to attemp to collect a debt and there are procdures to do this and you would know if they were doing this becuase you would have to have been sent papers stating this. They would most likely garnish your wages first. Now if it is back child support you are out of luck. This is always paid first. Student loans and back taxes are other things that can be levied against your taxes. Foreclosures though I have never heard because the banks collateral is the house. I would not worry about unpaid credit cards or utility bills and such. Good Luck and have a great day.

Answer 4

First off, if your name is not on the tax return or his name is not on your account (I assume this is the case since you refer to him as your ex, so that means your divorce is final), the refund cannot be direct deposited into your account. Secondly, the only debt that can go after your tax refund (unless if you are in bankruptcy) is for past due student loans or past due income taxes. Regular credit card or mortgage debt cannot go after your refunds. If your name is not on the debt (i.e. not a joint credit card account), they cannot go after your bank account.

Answer 5

You should be okay. Only debts to government and child support can be attached against a tax refund.

Answer 6

You can find out if your husband's case has been submitted to the Treasury Offset Program by calling 1-800-304-3107. The website won't tell you if the money will be taken, but it gives more information about the program, what can be taken, etc. It's listed below.

Answer 7

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Answer 8

got a car loan over 7 years ago and car went back couldn"t afford it can bank take refund check