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Child Support Payment

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Isis1

Senior Member
why are you getting upset at people trying to help you and explain why the process is what it is?? it was your ex that failed to make his payments on time to begin with, not the advisors :mad:.
 

cvdesign

Member
please provide a cite regarding this waiver.
Simply put: Experience.

Ex owed $$, his refund(s) were offset (the Economic Stimulus Payment this year, as well) and initially I was told that I would have to wait approx 180 days (or less). When I asked what I could do, knowing that he'd not contest the offset (really, how could he? He knows he owes the money and prefers not to go to jail for contempt) I was informed of the waiver (and that it, as of last year, was new).

Waiver sent to ex, ex signed waiver (he's not married, though I was informed of the process if he WERE married), sent waiver to CS, CS paid me. No 180 days -- had the money within 2-3 weeks (average).

Unfortunately, this has been his main method of "paying" for CS.

However, if you absolutely need a cite:

"Minnesota state joint tax refund offsets are held for six months or until the non-obligated spouse files an injured spouse claim or signs a waiver releasing their claim to their portion of the state tax refund offset. "
(http://www.childsupport.dhs.state.mn.us/Action/TaxRefundOffsetPrograms?printable=true)

Under "How Long the Tax Offset Funds are Held"

Minnesota is not the state my CS case arises from, it was simply the result of a 2 second Google search.
 

Zigner

Senior Member, Non-Attorney
Simply put: Experience.

Ex owed $$, his refund(s) were offset (the Economic Stimulus Payment this year, as well) and initially I was told that I would have to wait approx 180 days (or less). When I asked what I could do, knowing that he'd not contest the offset (really, how could he? He knows he owes the money and prefers not to go to jail for contempt) I was informed of the waiver (and that it, as of last year, was new).

Waiver sent to ex, ex signed waiver (he's not married, though I was informed of the process if he WERE married), sent waiver to CS, CS paid me. No 180 days -- had the money within 2-3 weeks (average).

Unfortunately, this has been his main method of "paying" for CS.

However, if you absolutely need a cite:

"Minnesota state joint tax refund offsets are held for six months or until the non-obligated spouse files an injured spouse claim or signs a waiver releasing their claim to their portion of the state tax refund offset. "
(http://www.childsupport.dhs.state.mn.us/Action/TaxRefundOffsetPrograms?printable=true)

Under "How Long the Tax Offset Funds are Held"

Minnesota is not the state my CS case arises from, it was simply the result of a 2 second Google search.
Since when did a state (out of the 50) start issuing the economic stimulus checks? :confused:
 

cvdesign

Member
Since when did a state (out of the 50) start issuing the economic stimulus checks? :confused:

Do I assume that you're question my cite? I'm assuming so, since the OP didn't specify "state" or "Federal."

If so, I only posted ONE link out of many. The first one I saw/clicked on. It's no huge feat to do a search yourself if my cite/link is not the one you'd like to see.

If you mean my experience, I referenced the Federal Economic Stimulus Payment (of course, since I think we both know fairly well that none of the states pay that out. LOL!). Unless you're in a US territory, the Federal gubmint doles out the ESP. If you're in a territory, the territory does.
 

cvdesign

Member
Thank you so much for your response. I will try this to see if it works.
Dcutter, there's no guarantee that it will, since I've not found anything on that for Georgia (doing a VERY quick Google search), but it's worth a try.

And FWIW, you could always recommend that they look into it for the future ... make sure that you speak to a "customer representative" (I always feel silly using that term in reference to a government worker -- probably because I used to be one, myself! LOL!) ... or your "suggestions" or "survey" box at your local office.

AFAIK, most states now offer this ... some offer only for state tax refunds, some for both Federal & state ... but again, it's worth a try!!

Best, best, best of luck to you!! Keep us posted!! :)
 

TheGeekess

Keeper of the Kraken
However, if you absolutely need a cite:

"Minnesota state joint tax refund offsets are held for six months or until the non-obligated spouse files an injured spouse claim or signs a waiver releasing their claim to their portion of the state tax refund offset. "
(http://www.childsupport.dhs.state.mn.us/Action/TaxRefundOffsetPrograms?printable=true)

Under "How Long the Tax Offset Funds are Held"

Minnesota is not the state my CS case arises from, it was simply the result of a 2 second Google search.
How does a Minnesota statute help someone in Georgia?? :eek:
Did Minnesota annex Georgia while I wasn't looking? :rolleyes:
 

cvdesign

Member
How does a Minnesota statute help someone in Georgia?? :eek:
Did Minnesota annex Georgia while I wasn't looking? :rolleyes:
I guess you didn't read the rest of my post. Or the subsequent ones. ;)

This is where I mention that it was a quickie search to prove that the possibility does exist (though in Georgia, who knows? I already mentioned that it might not, several times):

"Minnesota is not the state my CS case arises from, it was simply the result of a 2 second Google search."
And of course:
"If so, I only posted ONE link out of many. The first one I saw/clicked on. It's no huge feat to do a search yourself if my cite/link is not the one you'd like to see."
In fact, in a post directly to the OP, I said:
Originally Posted by dcutter
Thank you so much for your response. I will try this to see if it works.


Dcutter, there's no guarantee that it will, since I've not found anything on that for Georgia (doing a VERY quick Google search), but it's worth a try.
I honestly thought that I was in a position to help the OP -- otherwise I wouldn't have said anything.

I honestly didn't think my suggestion (a valid one, I think -- one that's at least worth a try for the OP) would come under such scrutiny -- especially since I, when questioned about it's actual existance, provided a link.

And as to Georgia (before anyone asks or brings up the point) not having a webpage or notation about the waiver online, neither did Virginia when I first encountered/used the waiver process. In fact, I doubt it's there now, despite having used it two years ago.

And as to a Georgia CS rep not knowing that it can be done, two years ago, three reps that I spoke to (on separate occasions) didn't know about it, either. I found that information out while talking to a rep from the IRS.
 

fairisfair

Senior Member
I guess you didn't read the rest of my post. Or the subsequent ones. ;)

This is where I mention that it was a quickie search to prove that the possibility does exist (though in Georgia, who knows? I already mentioned that it might not, several times):



And of course:


In fact, in a post directly to the OP, I said:


I honestly thought that I was in a position to help the OP -- otherwise I wouldn't have said anything.

I honestly didn't think my suggestion (a valid one, I think -- one that's at least worth a try for the OP) would come under such scrutiny -- especially since I, when questioned about it's actual existance, provided a link. And as to Georgia (before anyone asks or brings up the point) not having a webpage or notation about the waiver online, neither did Virginia when I first encountered/used the waiver process. In fact, I doubt it's there now, despite having used it two years ago.

And as to a Georgia CS rep not knowing that it can be done, two years ago, three reps that I spoke to (on separate occasions) didn't know about it, either. I found that information out while talking to a rep from the IRS.
do you have a problem with being asked to provide a cite to back your statements?
 
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LdiJ

Senior Member
Any spouse (didn't see where the OP had mentioned that there was one) would have to sign a waiver as well.

Which she would have learned when she called asking if that particular CS agency had a waiver, I would assume.

AFAIK, the original "waiting period" is for disputing the offset itself (whether it's valid) -- the additional time period is to allow for a filing of "Innocent Spouse."

Ex's waiver would have to come first, if she wants the money ASAP.
Its "injured spouse", not "innocent spouse", innocent spouse means something entirely different under the tax code.

The waiting period is not just so that a spouse can file injured spouse. Its also a waiting period to take into consideration that something might change with the tax situation, and the refund not actually be able to be offset. I recently filed an amended return for a client which caused the IRS to take the offset back. If the state had already disbursed the money to the CP then the state would still have had to pay back the IRS, and then attempt to collect the money back from the CP.
 

cvdesign

Member
do you have a problem with being asked to provide a cite to back your statements?
Absolutely not. In fact, you've probably (or not) noticed that I often ask for cites -- not in any attempt to discredit or be a jerk, but to perhaps read more or for clarification (subtle -- or not -- reference to another thread). If I've got an assumption that's wrong, I'd sincerely like to fix it.

However, in this case, I provided a link to my cite when asked and then, quoting the post where I posted the cite, was asked again for a cite. A bit ridiculous, wouldn't you say? And since, considering the average intelligence (high, I would assume) of the members here, I can only assume that it was an effort to be mocking, dense, obstinate or just plain rude (by being inattentive).

Essentially, I made an assertion, proved it's general existence (when asked for proof) with a cite, and then, with the poster quoting the same post as the cite, was asked for a cite. N'est ce pas?

That I have a problem with. :)
 

cvdesign

Member
Its "injured spouse", not "innocent spouse", innocent spouse means something entirely different under the tax code.

The waiting period is not just so that a spouse can file injured spouse. Its also a waiting period to take into consideration that something might change with the tax situation, and the refund not actually be able to be offset. I recently filed an amended return for a client which caused the IRS to take the offset back. If the state had already disbursed the money to the CP then the state would still have had to pay back the IRS, and then attempt to collect the money back from the CP.
I stand corrected -- FWIW, I did mean to say "Injured" rather than "Innocent." FTR, VA's CSE makes the same mistake, often. ;)

I do know that the IRS will collect from the CP (in this case, in the past, me) ... I was notified of that. And CSE said that in that case, AFTER I've reimbursed the IRS, CSE would force the NCP to reimburse me, by wage garnishment if necessary.
 

hearts41

Member
What is the name of your state? GA

Child support services is holding an involuntary payment from the taxes of the non-custodial parent. The letter he received says that he has 30 days to file for a hearing if he disagrees. He called to inform me that he is not disputing the amount. I called the child support office and was told that the money will be held for a maximum of 180 days and there is nothing he or I can do to get the payment released. Why do they need to hold the payment so long and why can't he call or write to let them know that he is not disputing? It doesn't make sense to hold the money for that long when children are involved. Is there anything that can be done?

Thanks.What is the name of your state?
FL

I know its frustrating but.... like some have stated they hold tax intercepts for a reason. I suggest you research the statutes in your state and then contact the CSE again, if you still believe they are holding your payment an undue amount of time.
Here in FL, mine was held about 30 days, my x is not re-married so that was not a factor.
 

Amandarella01

Junior Member
so did it take exactly 180 days?

What is the name of your state? GA

Child support services is holding an involuntary payment from the taxes of the non-custodial parent. The letter he received says that he has 30 days to file for a hearing if he disagrees. He called to inform me that he is not disputing the amount. I called the child support office and was told that the money will be held for a maximum of 180 days and there is nothing he or I can do to get the payment released. Why do they need to hold the payment so long and why can't he call or write to let them know that he is not disputing? It doesn't make sense to hold the money for that long when children are involved. Is there anything that can be done?

Thanks.What is the name of your state?
So did it take exactly 180 days?
 

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