Notification of tax refund interception

[donelber]

I live in the state of Louisiana. In April of 1997 I filed for garnishment of my ex husband's wages from the state of Arkansas because he had not paid since October 1996. He only pays $100.00 per month. In January 1998 they began sending my daughter $23.08 per week but did not collect the six months in arrears. Now, in 2001, his income tax refund was intercepted and she received a $600.00 check that he wants returned to him claiming it is a mistake.
My question is, if this has been owed since '96-97 and they are just now intercepting his refund, has he been given notice and a chance to pay during the years of '98-00 before they decided to take his tax refund? He acts like this has come out of left field and he had no knowledge it would be taken from him.

 

[LadyBlu]

I live in the state of Louisiana. In April of 1997 I filed for garnishment of my ex husband's wages from the state of Arkansas because he had not paid since October 1996. He only pays $100.00 per month. In January 1998 they began sending my daughter $23.08 per week but did not collect the six months in arrears. Now, in 2001, his income tax refund was intercepted and she received a $600.00 check that he wants returned to him claiming it is a mistake.
My question is, if this has been owed since '96-97 and they are just now intercepting his refund, has he been given notice and a chance to pay during the years of '98-00 before they decided to take his tax refund? He acts like this has come out of left field and he had no knowledge it would be taken from him.

You keep the irs refund. If it is a mistake then the state will correct it. But he has already been given ample time to contest the garnishment and if he failed to prove to the IRS/Child Support Enforcement that this money was not due and payable for arrears then they will send the check on to the CP as they have done. SO let him worry about it and you enjoy the little gift from heaven that you have received.

 

[donelber]

LadyBlu,
Thank you so much for such a quick reply. I have been trying so hard not to "hurt" anyone's feelings since he has a new family, but my daughter is the only one being hurt here. I have tried contacting the local child support enforcement office with this question for a week and have not received any calls back. You have helped me make the proper decision in not returning the check to my ex. Thanks!