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Child support income withholding vs IRS

New York, NY |

I read that child support will take priority over a tax levy if the underlying support order was established prior to the IRS levy.

The original support order was made in 2006. I believe a tax levy may have just been placed in 2013. I also believe the child support may get a downward mod. Would the child support still take priority over the tax levy or will it then be considered as established when the downward mod was granted, which happened after the tax levy was placed?

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Attorney answers 4

Best Answer

Generally a child support execution will take priority. That said, I advise to follow-up with an accountant on this question.

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I re-categorized this as a tax question. Family lawyers for the most part are not tax experts.


Child support is a priority over all else until the obligation is extinguished.

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Child support always takes priority over tax levies as child support is needed for the "best interests of the child(ren)." Please make sure that they payroll department is correctly deducting the child support and then the IRS garnishment funds second.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Ms. Smith is licensed to practice law throughout the state of Florida with offices in Duval County. She is authorized to handle IRS matters throughout the United States. Her phone number is 888-741-0272 and her email address is