Can the IRS take my tax return for child support if i have not been to court?

there was a court date set in October which wasn't kept by myself or my child's guardian. i notified the child support office that i would not be able to attend. however, the guardian did not. i have not recieved a new court date or any information.

Bolivar, TN -

Attorney Answers (2)

Angie Lee Smith

Angie Lee Smith

Tax Lawyer - Ponte Vedra Beach, FL
Answered

The only way that the IRS would take any refund you may get and transfer it to the state would be if there was an order from the state stating this. I would contact the child support department that you have been working with and follow up on the status of the case.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more
James Ronald Tucker Jr.

James Ronald Tucker Jr.

Family Law Attorney - Shelbyville, TN
Answered

Yes. If your children are in the physical custody of another person (guardian, other parent, state) that receives state aid (usually TennCare health insurance or Families First payments); then, the State will take every necessary step to recoup from you the costs associated with these programs usually by legally establishing your child support obligation including a judgment for arrears. Additionally, they can prosecute you for nonsupport via either the general criminal statute regarding nonsupport or through criminal or civil contempt actions (these prosecutions can and do often end up with the defendant in jail).

Assuming that you were validly served and you were not present; then, it is very likely that the State requested, and was granted, a default judgment for current support and arrears. You would not need to be present for a default to be granted against you, in fact, the very purpose of a default order is to allow the case to be concluded despite the non-appearance of a party. If this is the case; then, the State will use the judgment to intercept any money due you from the IRS and possibly other sources.

You may have options, but the only way to tell for sure would be to take any papers and wage information to a competent attorney for review and consultation. It would be helpful if you also brought a copy of the court file which would be available from the appropriate court clerk (there will likely be a copy fee).

Legal Disclaimer. This communication is not intended to create, and does not create, an attorney-client... more

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