Can they take our taxes for my husband’s restitution?

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Can they take our taxes for my husband’s restitution?

He has restitution to pay. We got married in October and were going to file our taxes together, but I don’t want to if they are going to take them all. I don’t know the state laws or anything, so I’m just curious.

Asked on February 5, 2011 under Criminal Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A state income tax refund can be garnished (seized) for unpaid/outstanding restitution owed as a result of a state court order (criminal or civil).  However, there exits no legal mechanism for a federal income tax refund to be garnished as a result of such an order. 

Note:  Just be aware, however, that criminal restitution does not expire.  One way or the other it will have to be paid.  Additionally, restitution is typically required before a person can be released from probation.


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