They said they will check the department of Revenue does that mean i wont get it?
my father signed papers to get his settlement check 10 days ago, i believe he was getting his check from liability, he fell into a covered hole at a house,he owes back taxes and they said they would have to check department of revenu to see if he owes child support since its been 10 days already hes worried that the IRS has taking the check because he ows back taxes, do you think they have found out hes getting a settlement and took the check? is this something they can do
Contracts / Agreements Lawyer
Your question is unclear as to what type of settlement is at issue; you need to provide more detail.
Generally speaking, if your settlement is due to physical injury or illness and was the result of a tort (i.e., wrongful act, injury or action), then the settlement may not be taxable by IRS if the settlement was properly structured to meet code requirements. However, if the settlement was from a contract dispute or other income earning activities, the IRS can tax it.
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It is difficult to say without more facts. If a levy is filed it is quite possible that will have to be paid first.
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It is possible that they found out about it and issued a levy to the payor. Whether or not they are entitled to do that would depend on the nature of the settlement. I strongly suggest you consult with a tax attorney.
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