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My husband owes back child support, will they take our tax refund?

Trussville, AL |

My husband and I have been married for a little over a year. When we first got married he made about $14 hrly. He lost his job but found another job that paid significantly less. We did manage to get back to court to have the child support lowered but not before falling back in payments. This was our first year filing taxes jointly. If they do take our tax refund for the back child support, will they take all of it, or how does that work?

Attorney Answers 1


They will take his tax refund if he owes back due child support. He should petition the court to have his child support payments reduced and to excuse any overdue payments. You will need to contact a family law attorney in Jefferson County to help you with this. However. once he files his tax return, it is too late. If you have an income tax refund due you from your earnings, he should request that DHR return it, probably by court order. That may be difficult in actual practice.

I would suggest filing married separately for that reason. It is not too late to amend your returns, you may want to talk to a CPA about that.

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1 comment



my experience has been that they took mine and my wife's entire tax return due to my arrears. File separately

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