If person owes the IRSand back childsupport when they get tax return,who gets 1st priority on garnishment?
( If someone owes the IRS money, and also owes a few thousand on back child support, when they file for their taxes and qualify for say a 2000 refund, the IRS will intercecpt that money. But where would the priority lie? Would the money go to the IRS or would the back child support be paid first? I am an X wife with an X husband who owes both, so I'm wondering if I should count on seeing any money at tax time? LOL)
- Yvette B yvettebLv 61 decade agoFavorite Answer
the child support and IRS amount is treated as separate, and usually the child support comes first, so look for your check.
just call your local IRS office (link below) and ask them, just to make sure.
if he's self employed report his azz to the IRS too. they already have a file open on him, so why not.
as long as there is an intercept in place, you'll get it. call your case worker and make sure there is a tax refund intercept in place (state and federal).
if your case worker isnt on the ball, write your regional Federal Child Support Office (link is below). ask them what they are doing about this deadbeat.
here are some links to help. one is a CS calculator; just click on your state and fill in both parents incomes (courts calculate both parents to come up with amounts today). the rest is to help.
again, just click on the state where you live and look for the section you need.
also, post his deadbeat face on a deadbeat site online. serves him right.
- 1 decade ago
I am betting the IRS. and as an X wife with an X husband that owes both, unless you like the color blue, I wouldn't hold my breath.
- Shelly BLv 51 decade ago
IRS will take theirs first....child support won't get it unless the child support division has filed for it...then you'll get what's left over. I wouldn't hold my breath if I were you. If he's single...there's a minimal chance he'll get very much back..and if he's remarried....it can be drawn out by his spouse filing "injured spouse" to get her share of the tax return, because the debt was his prior to their getting married.....I'd probably plan on NOT getting it...then if you do, it'll be a nice surprise.
- Anonymous1 decade ago
the IRS will,they are the only other organization in the USA more greedy than child support enforcement!
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- Anonymous1 decade ago
IRS. The gummint always takes its money first.