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Ask Stephanie O Joy, Esq Your Own Question
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13478
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I owe Wisconsin Child Support and Alimony back interest of

Customer Question

I owe Wisconsin Child Support and Alimony back interest of over $100,000. Is is true that based on IRS Code of 1954 (26U.S.C. 6305) I am exempt from paying this amount based on following statement: (1) no interest or penalties shall be assessed or collected.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.
No, it doesn't mean you are exempt from paying it or don't owe it. Rather, my understanding and the plain language is that the IRS can not take it from your tax refund, it can only take the principal owed as a tax refund offset. Other assets besides those related to tax refunds, or other incomes, may be jeopardized to pay the debt, however - subject to any other laws and protections for your.
Expert:  Stephanie O Joy, Esq replied 1 year ago.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it. Sincerely, ***** ***** Joy, Esq.Your online SS legal resource!
Customer: replied 1 year ago.
Ok. Are the interest monies owed ($100,000) to Wisconsin collectsble from my SS Disability monthly income if the Alimony balance is zero and the adult children are 36,34 & 25 yrs old.
Expert:  Stephanie O Joy, Esq replied 1 year ago.
This is an entirely separate line of research into an entirely different area of the federal law. Nonetheless, I will see if I can find you a specific reference. It may take some time, and you may wish to use the premium services for this additional inquiry. I believe you may see a link to that option on your screen.
Customer: replied 1 year ago.
It's the same inquiry only asked by someone like me who didnt't know how to ask the question correctly the first time. And I don't need premium help Thanks
Customer: replied 1 year ago.
Waiting for your response please.
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Actually, your first question was quite important - can your refund be taken for interest? Your second question is, can the SSA source be garnished to pay the interest? Unlike the first, my understanding is yes, unfortunately it can: https://www.ssa.gov/OP_Home/ssact/title04/0459.htm Here, the US consents to such garnishments. And then it defines both child support obligations and alimony obligations to include interest, but with slightly different language for each. CS is pretty clear. Alimony doesn't mention penalties, although does not exclude them either, which may leave wiggle room for argument, should you wish on that particular amount (alimony penalties, if you have any).
Expert:  Stephanie O Joy, Esq replied 1 year ago.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it. Sincerely, ***** ***** Joy, Esq.Your online SS legal resource!