Tax Refund interception

[GSTANLFIELD]

In the state of Alabama, if a ncp is in arrears on child support, does the cp have to file some sort of paperwork to have the tax refund intercepted or is this something that is done automatically by the IRS?

Also, is the ncp parent notified in advance if the refund is to be intercepted or is there a way to check?

 

[missjasmine]

The state child support enforcement division can intercept tax refunds to pay arrearages. You need to have a case opened with them. I don't know if the NCP is notified or not. I think they get a letter once the case is opened telling them what can happen if they're in arrears. All states are different. In New Mexico if you owe over $1,500 your drivers and/or business licenses can be taken away. If you get up to $9,000 your assets can be frozen. Check with your local agency.

 

[Grandma B]

All states are required to report to the IRS on a monthly basis any person owing child support arrearages. The CP has nothing to do with the action. In fact, the CP cannot stop the action from being taken.

The noncustodial parent will receive a notice the first time his/her debt is reported to the IRS. (If the debt is paid off, and then builds up again, the noncustodial parent will receive another notice.)


The IRS takes the overdue support amount out of the noncustodial parent’s income tax refund. The rest of the refund is sent to the noncustodial parent. The IRS will send the noncustodial parent a letter stating how much of the refund was intercepted and where it was sent.

 

[TNBSMommy]

In my case, my ex's income tax was withheld, and his wife filed "injured spouse" as soon as they were informed. I got nothing, they got the full refund. This also happened to my sister( only it was her filing the injured spouse, they received the full refund-her's was not a child support debt though)

 

[GSTANLFIELD]

The person I am inquiring about is in arrears by a substantial amount of money, but is paying on the arrears each month in addition to his montly support amount per a court order handed down in 1997. I was wondering if, since he is in the process of taking care of the debt if he is still subject to this action.

Any help is appreciated.

 

[Grandma B]

The tax refund checks are to be intercepted whether they are making payments on the arrears or not.

The filing by an "injured spouse" should not cause them to get the entire refund back, only the spouse's portion. I think I'd be calling the courthouse where the support is handled to ask why.

I personally don't believe in "injured spouses". They married knowing their new mate had the obligations.

 

[TNBSMommy]

Grandma B I have thought the same thing myself(about injured spouses)I think I will try to find out, b/c I didn't get a penny, my ex has never paid a penny and he owes me @50 or60thousand dollars....hmmmm