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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.

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.

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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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