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About Mike Wellman
Expertise
I was a former Manager with Price Waterhouse, now PricewaterhouseCoopers, the largest accounting firm in the world. I have had clients in almost every industry and of every size. I will only answer questions dealing with IRS problems such as delinquent tax returns, Offers in Compromise (Tax Settlement), IRS collection matters including installment agreements, liens, levies, seizures, audits, appeals, innocent spouse claims and injured spouse claims. All other will be referred to the question pool.

Experience
Over 25 years experience in taxation specializing in IRS collections, examinations and appeals.

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New York Times, Wall Street Journal, Your Money.

Education/Credentials
BBA, Baylor University.

Awards and Honors
IRSOS.com won the Knowledgeweb award for educational excellence for content.

 
   

You are here:  Experts > Business > Corporate Law > Tax Law (Questions About Taxes) > Income Tax Interception

Topic: Tax Law (Questions About Taxes)



Expert: Mike Wellman
Date: 1/27/2008
Subject: Income Tax Interception

Question
My daughters father has two warrants / judgements ($7740.00) for back child support.  For the last several years I have received his federal and state income tax refunds.  His girlfriend purchased a home in April 2007.  Her name only is on the mortgage but both their names are on the deed.  Because his name is on the deed, a lien was placed on the property by child support.  When the girlfriend files her taxes, which will include the purchase of this house now with the child support lien, will her state and federal tax refunds be confiscated to pay the child support lien on the house.

Thanks,

Jan

Answer
I am sorry but no.  Since she will file as single - there will be no connection with her and your daughter's father from a tax standpoint - and thus - her refunds will not be taken. Even if they were to marry, if she filed separately, her refunds would be safe.

If they married and were dumb enough to file jointly, they would grab the whole refund unless she filed for injured spouse relief.

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