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Can the Child Support Garnish my tax refund twice?

Los Angeles, CA |

I filed my taxes a few months back and I was behind $300.00 dollars due to being unemployed. There was a problem with my tax return due to an offset caused by identity theft. Someone a year before filed taxes under my name and social security number therefore 85 percent of my refund was offset and I only received $500.00 dollars which child support garnished the $ 300.00. I was unemployed for a few months after therefore I owe now $900.00 dollars. I am employed now and pay $ 400.00 a month but I am still behind. I notified the IRS about identity theft and they will be releasing my refund within 2 months. Once they give me back my whole tax refund amount, will child support garnish again or child support can not garnish a tax refund that was already garnished?

I am only concerned because I have 2 more children with my wife and we filed jointly. She worked more than I did and the refund will be going directly to my children. I am also paying my child support order of $400.00 monthly that I have no problem doing so. I have joint custody of my other child as well. Thanks in advance.

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Attorney answers 2


Probably. However, you should consult with a Family Attorney who can advise you on the law related to child support.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


Your account will likely get garnished again. The software that garnishes your account is automated. If you have questions or concerns about the garnishment, then I suggest you contact the local agency who is responsible for garnishing your income. Good luck.

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