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Tax interception for child support question.

stepmama2one's picture

This is about my last blog. My DH received notice that money was taken from his ex for past support. We have never had a tax interception so I don't know how this works. Okay so my question is do they take money for past due support from Federal AND state tax refunds?

I ask this because I was wondering if he received notice that she had a refund taken is there a chance that another refund will be taken. I think they took like $900.00 so that may be her Federal. Is there a chance that they will take anything from state and just post it at a different date? Or do they take out that amount when she files and then just disburse it together into one payment?

Comments

zerostepdrama's picture

In Ohio, I thought that they could take from both and that an injured spouse form CAN NOT be filed on State. But we got our full state last year even though DH owed back CS.

stepmama2one's picture

Yeah I have heard from people that their exes owe thousands and their state refunds never get taken. Thanks for your answer.

stepmama2one's picture

My guess would be that when she files, like online or something, they take out the amount she owes, or up to how much she gets and then my DH gets the amount. I was just wondering if state and federal take out together or does federal take out and then when she files state they take out too?

stepmama2one's picture

Yeah I'm just wondering if they take the whole amount that she is able to pay, at the same time. What I mean is, say she files federal and state and she is suppose to get back $900.00 federal and $300.00 state. Does the IRS take it all at one time or does IRS take federal, pass state portion to state and then the state take the money?

stepmama2one's picture

Maybe. Maybe you received state first because state refund was issued first and then they issued federal. I guess I will wait and see. I don't know how this works because we have never received an offset. When my husband owed child support about 5 years ago ( an agreed amount of arrears that occurred through the court process him and his ex settled in court) we received an offset letter stating they were going to reduce his refund to pay the support. We didn't get anything for state so we didn't have to pay anything through state, and federal refund more than paid for what was owed.

Learning to Stepparent's picture

Last year at tax time our BM was over $1,000 behind in child support (which is rather impressive given that child support is only $118 a month or so) and she claimed her entire tax return was taken for back child support. I have no idea how much her total tax return was and how much, if any, was left but I do know her child support was caught up.

I do know, at least in Michigan which is where I live, that state tax refunds can be taken to pay back child support and as it was over $1,000 I'm assuming her federal tax refund was taken too.

She called DH in a rage claiming her entire refund was going to child support and how the FOC case worker told her they would only go after the federal refund as a last resort and tried to get him to give her $400 of his tax refund since all hers was going to pay back child support. Ummmm.....no bitch.

Anyway, it just showed up in our bank account one day as his child support is direct deposit right into the account.

stepmama2one's picture

Yeah I'm guessing that depending on the way she filed then that may be the total amount that my DH gets. I just didn't know if federal and state were taken out at different times or if they were taken out in a one lump sum. As of right now it's being held so that her spouse can have a chance to file injured spouse.

Learning to Stepparent's picture

I don't know how they actually go about doing it and I imagine it probably varies by state to some extent.

We should be getting some of BM's tax refund again here soon. She is a few hundred dollars behind again.

stepmama2one's picture

Yeah my state won't even take tax refunds unless the one owing owes more than $500.00 In my state it could take up to 6 months for the offset to be released and I'm sure it will take the whole 6 months or longer. BM is just the type of bitch to have her husband claim the form just so my DH doesn't get ANYTHING.

stepmama2one's picture

Her husband worked all year, she worked for about 7 months, and she has 2 kids so I'm sure she found some way for him to get most of the money so that my DH doesn't get it. Usually she lets her mother claim her kids so that all that credit goes to her. There is no way that both were working, they have 2 kids and the only amount they got was $900 because they got the biggest credit for the kids. I know this because they both take minimum wage jobs to get the most credit and help.