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

Asked over 1 year ago - Brooklin, ME

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)

  1. Alicia Simone James

    Contributor Level 10

    1

    Lawyer agrees

    Answered . 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... more
  2. Steven M Zelinger

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  3. Linda Simmons Campbell

    Pro

    Contributor Level 14

    Answered . 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.

    lscampbell@cttaxhelp.com Office number: (860) 255-7423 Website: www.cttaxhelp.com. Our reply to your question... more

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