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If I have to claim my second stimulus as a Recovery Rebate, can it be garnished for back child support?

Forum|Forum|5 years ago
January 17, 2021
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Best answer by Critter-3

If you did not get it early and you have to get it on the return then it CAN be grabbed for the back child support owed ... they did not make an exception on the form 1040 instructions. https://www.irs.gov/pub/irs-pdf/i1040gi.pdf

That said ... since the IRS has not processed any returns we have no precedent to cite ... who knows ... maybe they will breakout the stimulus from the rest of the refund and send it to you BUT I would not hold my breath hoping.

DoninGA

Employee

No. Then second stimulus cannot be seized for back child support. Only the first stimulus could be seized for back child support.

K

kyddkreatureAuthor

But... can they garnish the Recovery Rebate tax credit when I file my taxes? I feel like that is the loophole they are using to circumvent how the law was phrased...

Critter-3Answer

If you did not get it early and you have to get it on the return then it CAN be grabbed for the back child support owed ... they did not make an exception on the form 1040 instructions. https://www.irs.gov/pub/irs-pdf/i1040gi.pdf

That said ... since the IRS has not processed any returns we have no precedent to cite ... who knows ... maybe they will breakout the stimulus from the rest of the refund and send it to you BUT I would not hold my breath hoping.

C

cotilloe

YES THEY CAN AND WILL!!

They took mine. Got the letter from the Treasury Department Yesterday. The only refund I had coming was the $600 from the rebate credit and they took it for back child support.

A

amandaddailey1976

They are saying no but I've been seeing them take the entire return including recovery rebate credit. So it's like child support is in some cases double dipping...

Critter-3

Like I already posted ... the ADVANCE stimulus payments were exempt from being grabbed however if you did not get it in advance and had to claim the CREDIT on the return then all bets are off. The can and will grab any tax refunds to satisfy OFFSETS on your account.