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Child Suport held up State Refund even after being deducted from Federal Refund

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DF2332

Junior Member
North Carolina; My husband's child support is token out is a biweekly basis b/c of his payment schedule. This creates a delinquency at the beginning of the year because the Child Support was originated on a monthly basis. For the last seven years, this delinquency has been taken out of State Tax Income Refund. This year he was laid off and during the transition of employment, there a little more added to the delinquency. This total delinquency was less than a $1000. We both expected it to be pulled from the State Tax Income Refund. But to our surprise it was deducted for the full amount from the Federal Income Tax Refund. We thought that would resolved the balance, but then we were told that State was holding our refund also, until I signed an Affidavit for Release of Joint Tax Refund. I don't understand this since the money has been already deducted from Federal Income Tax Refund and I never signed the form the last 6 times that it was deducted.What is the name of your state (only U.S. law)?
 


Gracie3787

Senior Member
North Carolina; My husband's child support is token out is a biweekly basis b/c of his payment schedule. This creates a delinquency at the beginning of the year because the Child Support was originated on a monthly basis. For the last seven years, this delinquency has been taken out of State Tax Income Refund. This year he was laid off and during the transition of employment, there a little more added to the delinquency. This total delinquency was less than a $1000. We both expected it to be pulled from the State Tax Income Refund. But to our surprise it was deducted for the full amount from the Federal Income Tax Refund. We thought that would resolved the balance, but then we were told that State was holding our refund also, until I signed an Affidavit for Release of Joint Tax Refund. I don't understand this since the money has been already deducted from Federal Income Tax Refund and I never signed the form the last 6 times that it was deducted.What is the name of your state (only U.S. law)?
Your husband needs to take a copy of the IRS intercept notice to the state CSE, once they have confirmed that the arrears have been paid in full, they will release the state refund to him.

He should do this in person at the CSE office.
 

DF2332

Junior Member
They said they would release it once I sign the Affidavit for Release of Joint Tax Refund form. Is there liability with the State b/c the way it reads that I reliquilish my rights to the refund. My concern is maybe that the State dropped the ball and validating my rights the last six times they deduct it w/out having me sign this.
 

BL

Senior Member
They said they would release it once I sign the Affidavit for Release of Joint Tax Refund form. Is there liability with the State b/c the way it reads that I reliquilish my rights to the refund. My concern is maybe that the State dropped the ball and validating my rights the last six times they deduct it w/out having me sign this.
What usually happens is that the State ,etc. will hold the intercept for a period of time to allow ( whoever ) to dispute it .If no one came forward to dispute it then they take whatever action is appropriate .

If his payments were originally set up per month ,he should seek to modify back to that ,so the system don't flag as delinquent each month.
 

SESmama

Member
Another way to go about the deduction is to have his employer send the correct amount based on a 26 week pay schedule. Take the CS, multiply by 12, then divide by 26. This would give the correct amount to deduct from every paycheck and he would not be delinquent at the end of the year. Each time he is delinquent he runs the risk on his credit report.
 

DF2332

Junior Member
I will tell my husband about the avoiding delinquency issue. Is there any issue with the State not requiring me to sign the Affidivate the last six times they deduct the funds?
 

Caitline69

Junior Member
This is just personal experience, but I believe the reason why you are experiencing the difference in forms being filed is because they took it out of Federal instead of State this time.

With the federal return, you can file an Injured Spouse form claiming that his child support arrears are not your responsibility and get a portion of it back. (Not suggesting to do this since it would once again put him in arrears and hurt his credit as previously mentioned)
 

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