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Question: Tax refund which is taken first child support or school loan?

(Posted by: on 2012-01-26 18:42:31)

I want to file taxes married filing jointly with my husband but I owe back student loans and he owes child support. If we file seperately or with that form so his money doesn't go to my prior loan then we have to pay upfront which I want to avoid. I am wondering which takes precidence child support or my loan? We won't get enough back to pay off each but I want to know which will the money go to first.

Posted by: tro on 2012-01-26, 18:45:24

His portion of any refund will apply to the child support and any refund that is due you will be taken for your student loan

Posted by: Loving Mom on 2012-01-26, 18:46:01

Child support will get first then whats left goes to loans

Posted by: cJ on 2012-01-26, 18:47:54

I know they will take all or some of your refund if you have an offset. You both should call the IRS to find out if either of you have an offset on your taxes. If so I believe there is a way for the person who doesn't have an offset to state he/ she doesn't want their part of the refund taken to pay the other person's debt. But check with someone with more tax expertise.

Posted by: TheBansheeofBebop on 2012-01-26, 18:52:51

Child support takes precedence over student loans if you file jointly.