I live in minnesota. I pay child support and am up-to-date on my payments. During the divorce the judge said that if I was up-to-date on my payments then I could claim my daughter on income taxes. I have a garnishment on my student loans can they take my tax money?
2007-12-11 01:33:25 · 9 answers · asked by juniper555 5 in Politics & Government ➔ Law & Ethics
If your daughter doesn't live with you, you can't claim her on your taxes. I had a friend who did this, same situation with a judge saying they could, ended up owing the IRS about $10K in taxes and fines. State and local judges cannot override federal tax law. Only the custodial parent that the child lives with for the majority of the tax year is allowed to claim the child as a dependent. And yes, they will take your tax return for defaulted student loans if it was gov't subsidized or guaranteed.
2007-12-11 01:41:23 · answer #1 · answered by xtowgrunt 6 · 1⤊ 1⤋
If you are due a refund, the answer is yes. Still, the higher refund amount will go to pay off the student loans faster. To avoid further problems, make sure you actually are entitled to claim the child as a dependent. I often see divorce instruments which do not meet IRS requirements in that regard. I cannot understand why divorce lawyers can't get the wording right in that regard, but it does have to potential to cause problems for both spouses. As a technical note, when referring to tax refunds the word offset is used rather than garnish.
2016-05-23 01:15:12 · answer #2 · answered by ? 3 · 0⤊ 0⤋
They can and probably will. I know from first hand experience. I did the student loan rehabilitation thing though and now im back to normal and have most of it paid off.
But I got into a default on it also due to being laid off of a job and they took my tax return. Although they will only take the federal tax return, if you have a state one they probably wont take that but I am not guaranteeing they couldnt.
2007-12-11 01:39:24 · answer #3 · answered by sociald 7 · 0⤊ 0⤋
They can an most likely will. Any source on income including tax returns can be garnished.
2007-12-11 01:46:28 · answer #4 · answered by smedrik 7 · 0⤊ 0⤋
YES and for years to come... the only defense is to claim enough in exemptions that you always have to pay some taxes, if even just a little.
2007-12-11 01:41:50 · answer #5 · answered by Anonymous · 1⤊ 0⤋
If they can, they have already notified you that a garnishment has been filed. If you have no notice of intent or completed legal action for a garnishment, no.
2007-12-11 01:50:56 · answer #6 · answered by wizjp 7 · 0⤊ 0⤋
Yes. They can take your tax refund every year until the load is repaid. I know this because it happened to us.
They can also keep your tax refund if you owe the state money. EX: Your ex got public assistance such as food stamps, welfare and/or medicaid for your child.
2007-12-11 01:41:46 · answer #7 · answered by william c 3 · 1⤊ 0⤋
Yes,, with new age technology the govt no's everything..
so don't try to hid anything..
yes.. they can and most likely will take it.. but that is OK.. let them.. cuz it has to be paid.. ,, then next year u will get Ur refund.. so don't put it off..
good luck.. happy holidays.
2007-12-11 16:44:47 · answer #8 · answered by ♥ Blondie ♥ 7 · 0⤊ 0⤋
With this 'computer' world nowdays, they know everything so don't be suprised.
2007-12-11 01:40:38 · answer #9 · answered by PATRICIA MS 6 · 0⤊ 0⤋
Yes, they can and will.
2007-12-11 05:42:50 · answer #10 · answered by Anonymous · 0⤊ 0⤋