Can they take my boyfriend’s tax refund if he claims our child?

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Can they take my boyfriend’s tax refund if he claims our child?

My boyfriend owes restitution for about $45,000 and they take his state

income tax refunds. If he claims our child next year on our taxes, can they still

take his refund?

Asked on April 16, 2018 under Criminal Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, they can. Having deductions for dependents (such as a child) in no way reduces what you owe as restitution, you obligation to repay, or prevents the income tax refund from being taken or claimed to pay restitution. Claiming your child will not let him avoid paying what he has to pay.


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