More than likely, yes.
File seperatly
You would normally receive a notice from the financial management service (FMS) advising you of your refund garnishment.
yes, but it is illegal
can a personal person take a tax refund from my bank account if they are already getting my paycheck garnished
If the judgment is for state or federal taxes then any refund is subject to seizure by the agency holding the judgment. If it is a creditor judgment, a tax refund would only be subject to attachment if it were placed in a bank account that was being levied by the judgment creditor.
It is unlikely that a tax refund would be garnished for past due medical bills. Generally refunds can only be garnished for certain things, and medical bills really aren't one. Tax refunds are garnished in instances of: child support arrearages past due federal tax past due state income tax unpaid federal student loans government program repayments However, if you deposit it into an account that they have the right to garnish, the funds lose their identity as a tax refund.
If you have a job on top of the assistance, that money can be garnished. Anything you might get back for income tax refund can be taken also. The government assistance can't be garnished.
File seperatly
So you were expecting a tax refund from the IRS after you filed a tax return. Insteasd of getting your refund, the IRS sent you a letter saying that your refund was used (garnished) to satisfy your back tax debt. What is going on? This means that you have a back tax liablility with the IRS and the IRS will take your refund to satidfy that debt. If you got your refund check garnished and you were unaware you owed the IRS, you need to take care of this situation fast. The IRS can start enforced collections against you and go as far as garnishment of your pay and levy your bank accounts. You can find out more at wallysworldoftaxes.blogspot.com.
You would normally receive a notice from the financial management service (FMS) advising you of your refund garnishment.
Generally garnishment occurs only in cases where a loan or other debt is, or has been, in default. (Although I've heard of cases where parents volunteered to have child support garnished so they didn't have to worry about missing a payment.) There are only a few types of debt that can be legally garnished: alimony and/or child support, student loans, and deliquent federal taxes. The payment terms of your loan should be clearly defined and specifically include the amount and date the payments are due. Garnishing your refund while your account was current would be demanding payment before it was due. If you are not currently in default and have never been, then there is no reason to assume your tax refund would be garnished. However, if you've previously been in default and not brought the loan completely current, they might garnish the portion still in arrears.
Yes. My husband and I filed our federal refund jointly (mind you he was behind 3K on child support) and they took it all of what he owed. BUT, I went back and filed out an 'Injured Spouse Form' to get back what i earned.
I had a car that was financed through HSBC repossessed last year. It was repossessed. Can HSBC take my federal income tax refund for this repossession?
Child support is not subject to garnishments. If your ex husband has a job, they will garnish his wages and can also garnish a tax refund check from the state or federal government. If you do not pay your half of the debt, and your ex is garnished for your portion as well as his, he can counter sue you for the portion that is your responsibility. A judge can change your child support order, and make it not payable until the garnishment is satisfied. Sounds like you need a job, and need to pay your bills.
You need to contact the agency that seized you refund. In most states, this is called child support enforcement or something similar. You need to review your account and confirm that there are no mistakes in their records. If they've gone far enough to seize a tax refund, it is likely that your driver's license may also be suspended, and/or your wages could be garnished.
No, the state will take it for back child support. If you are not behind in your support payments, you might get the refund.
No. However, if you file a joint tax return with your new wife, she might have to file an Injured Spouse claim with the IRS to recover her share of any tax refund.