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    seiya48's Avatar
    seiya48 Posts: 1, Reputation: 1
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    #1

    Aug 1, 2008, 02:38 PM
    Garnishment of Tax Refund
    I have a taxpayer who filed joint with his wife and was due a refund. Taxpayer's previous wife garnished his refund for child support. Does current wife have any rights or protection since some of the refund money is hers?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Aug 1, 2008, 03:55 PM
    I have said this before. If it all went in one bank account, it can't be differentiated after it is blended (right). They don't know how it was broken down it is just 'money in a bank account' to them. It is unfortunate without a doubt. The next time, get y our refunds sent to your home in cheque form and not automatic deposited as I assume this was ?

    And yes, her's is exempt from anything else going on with you, but most people don't think about joint back accounts.

    I don't know for sure it if is lost to you not. Chances are they will keep it.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #3

    Aug 7, 2008, 09:43 AM
    If your client's wife has filed Form 8857 as the "Innocent Spouse", then the IRS would have determined how much of the refund belonged to her and would sent it to her alonme in her name.

    Once the money was deposited into the joint account, it becomes fair game for the garnishment.
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