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Can the IRS offset a refund if its given for your child?

Brooklin, ME |
Filed under: Tax law

I defaulted on a student loan and the IRS offset or took all of my refund I was expecting. I'm pregnant at the moment and due in October. Next year if I'm eligible for a child tax credit ( I make 11,000a yr) can they offset it and take the funds?

Attorney Answers 3


Yes. Because they have probably automatically set up the refunds to be applied towards the student loan debt.

My comments are NOT LEGAL ADVICE. They are for informational purposes only. Actual legal advice can only be provided after you have signed an engagement letter. Answering this question does not create an attorney client relationship. Remember that without attorney client privilege you could possibly divulge information that can hurt your legal rights in the future. I am a tax attorney in Miami Florida. I can help you with your federal tax issues via a secure client portal if required.

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The fact that the refund is generated from a child tax credit does not mean anything. A refund is a refund and in the instance you describe it can be used for offset.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website:

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You should contact the loan holder and see if you can work out something with them until you get back on your feet. You may find that they can work out something that is agreeable to both of you. If you do not then they will take your refunds until your loan is paid in full. Office number: (860) 255-7423 Website: Our reply to your question has not created an attorney-client relationship. It should not be considered legal advice. You should contact an Attorney who can give you legal advice after acquainting themselves with the specifics of your case.

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