Irs took money out of account.... question?

Question

hi we filed taxes a while ago but it took long cause i had to let them make tax id numbers for me and my daughter. we just found out that they took 1400 dollars out of my husbands bank account back in april. On the irs website it said always expected send out date of refund would be july 18. when we looked on july 18, it said they put it on hold because of something like child support or other debts. What is going on? The money in the bank account wasnt even ours. can they just do that?

Answer 1

Do you or your husband owe back child support?  If so, the IRS CAN take money out of an account the person owing has money in.  The stinky thing about it is they probably sent something out ages ago telling you or your husband that they were going to put a lien on the account, it was forgotten by you or your husband, and they have been periodically checking to see if the money is there.

If your refund was held up it was probably because more than the $1400 they got in April was owed.

Sorry.  Take care and God bless.

Answer 2

The IRS doesn't take money out of your bank account for child support.  They CAN seize your bank account for unpaid taxes however that should come as no surprise as it would have been preceded by several letters and demands for payment before they took that drastic action.

If money was taken from your bank account for unpaid child support, the custodial parent must have gotten a court order for the seizure.  That's the only way that the money could be taken out of your bank account for unpaid child support.  Again, that should come as no surprise as you would have received a summons to appear in court regarding the unpaid child support.  If your husband ignored that summons, the custodial parent would have gotten a default judgment in their favor and could use that to seize the money from your bank account.

The money in your account is presumed to be yours under the law.  There's probably nothing you can do about it now unless you can prove that you were not properly served the summons in the first place.  Defective service is about the only way that a default judgment can be reversed.  If this is the case, consult with a local attorney for guidance on how to appeal the default judgment.

The IRS can and will capture any refunds if you or your spouse owe unpaid child support in arrears.  No judgment is needed in that case.  The money isn't taken from your bank account; the IRS simply turns it over to FMS and FMS hands it over to the Child Support Enforcement Agency handling the unpaid child support.

If your joint return included income earned by you or if you live in a community property state, you can file Form 8379 to have your share of any refund (and the rebate, if eligible) paid to you.  Your husband's share will be paid to the custodial parent; there's no way to avoid that.

Answer 3

Yes, they can. If you owe them, they'll take it. It is always better to pay your taxes, your child support, and any other financial liabilities in smaller payments during the year, then making the IRS come back for one lump sum after the fact.