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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110427
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Seizure of funds meant for child support

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I have a court order to borrow money from my 401K to pay support for my daughter (college tuition). I have successfully applied for the loan and have a live check in my name. I owe both the state and the IRS back taxes and am currently in a collection agreement with the IRS for a portion of what I owe. Can the IRS seize the loan funds if I deposit the check in my daughter's account?

Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you provide proof to the IRS that the funds are for child support, then they will release the funds that they have seized. You are going to have to contact the IRS and you need to provide proof of the child support funds they seized. They cannot seize child support funds or loans you deposited in your daughter's account either, but again, you have to prove they were child support funds to the IRS to have them released.

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Customer: replied 3 years ago.

the funds have not been deposited is still a live check. I just want to be sure that if I make the deposit they will not take it from her account and jeopardies her support.

Thank you for your response.

If you can prove it is for child support, it would still be exempt. However, as I said, you are still going to have to appeal to the IRS for the seizure of the other funds to prove they were child support funds and you need to keep records of these funds proving they were also child support funds. Once cannot just say if you deposit the money in her account they will not come take it, if your name is XXXXX XXXXX the account, they most likely will not touch it, but you still need to be prepared to prove it is a loan and for child support.
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