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Child Support/Taxes/Interception

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ninjasRAWK

Junior Member
What is the name of your state (only U.S. law)? Iowa

The father of my kids filed his taxes to help out for once, he hadn't filed taxes nor paid child support in over 6 years. So I see $4156 being held until Sept 20, then I seen it was processed on Saturday, June 15... and here it is Thursday and I never received it. So I called my worker and asked her where it is and she tells me a Confidential source intercepted it and took every single penny of it. She can't tell me who/what the confidential source is but it's probably his student loans or the IRS... either way, aren't they supposed to leave a percentage for the children? Aren't the children supposed to come first?!?!?
 


Zigner

Senior Member, Non-Attorney
If he owes money to a taxing authority, there is nothing to come back to him in the first place.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Iowa

The father of my kids filed his taxes to help out for once, he hadn't filed taxes nor paid child support in over 6 years. So I see $4156 being held until Sept 20, then I seen it was processed on Saturday, June 15... and here it is Thursday and I never received it. So I called my worker and asked her where it is and she tells me a Confidential source intercepted it and took every single penny of it. She can't tell me who/what the confidential source is but it's probably his student loans or the IRS... either way, aren't they supposed to leave a percentage for the children? Aren't the children supposed to come first?!?!?
No, back taxes and government debt take precedence over child support. Most likely the IRS kept it because he hasn't filed his tax returns for the other 5 years.
 

CSO286

Senior Member
What is the name of your state (only U.S. law)? Iowa

The father of my kids filed his taxes to help out for once, he hadn't filed taxes nor paid child support in over 6 years. So I see $4156 being held until Sept 20, then I seen it was processed on Saturday, June 15... and here it is Thursday and I never received it. So I called my worker and asked her where it is and she tells me a Confidential source intercepted it and took every single penny of it. She can't tell me who/what the confidential source is but it's probably his student loans or the IRS... either way, aren't they supposed to leave a percentage for the children? Aren't the children supposed to come first?!?!?
Actually there are two agencies out there that can trump a child support claim. If a person owes money to the IRS, they will get thier money before child support. Federal student loans are the other.

No, they are not required to "leave a percentage for the children".

If they are claiming "confidential source", it's most likely the IRS. Child support staff cannot divulge IRS-related information.
 

LdiJ

Senior Member
Right??!!

$70 million worth!:rolleyes::cool::eek:
The one thing though that the media doesn't tell us about that 70 million in bonuses is that the money is going to the ordinary employees of the IRS, NOT management. Most likely those ordinary employees count on that money as part of their annual wages. Its money due under union contracts, and that does not include management.

If you have ever been an employee whose pay depends in part on incentives/commission/bonuses, you know how much it hurts the budget to have those things taken away.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Iowa

The father of my kids filed his taxes to help out for once, he hadn't filed taxes nor paid child support in over 6 years. So I see $4156 being held until Sept 20, then I seen it was processed on Saturday, June 15... and here it is Thursday and I never received it. So I called my worker and asked her where it is and she tells me a Confidential source intercepted it and took every single penny of it. She can't tell me who/what the confidential source is but it's probably his student loans or the IRS... either way, aren't they supposed to leave a percentage for the children? Aren't the children supposed to come first?!?!?
No, back taxes and government debt take precedence over child support. Most likely the IRS kept it because he hasn't filed his tax returns for the other 5 years.
That's what happens when you count on a payout from someone who never should have promised money they didn't have to give in the first place.
 

Ladyback1

Senior Member
What is the name of your state (only U.S. law)? Iowa

The father of my kids filed his taxes to help out for once, he hadn't filed taxes nor paid child support in over 6 years. So I see $4156 being held until Sept 20, then I seen it was processed on Saturday, June 15... and here it is Thursday and I never received it. So I called my worker and asked her where it is and she tells me a Confidential source intercepted it and took every single penny of it. She can't tell me who/what the confidential source is but it's probably his student loans or the IRS... either way, aren't they supposed to leave a percentage for the children? Aren't the children supposed to come first?!?!?
For any parent their children should come first. However, it appears by your Ex's track record, his children have not come first in a long while!

Did you have the father's permission to view his tax info on line? I'm assuming that's what you mean by the following:
So I see $4156 being held until Sept 20, then I seen it was processed on Saturday, June 15... and here it is Thursday and I never received it

If you didn't, you might want to edit your post (and I will in turn edit mine) because the IRS sometimes gets a little angry when you access other people's info without their consent.
 

CSO286

Senior Member
For any parent their children should come first. However, it appears by your Ex's track record, his children have not come first in a long while!

Did you have the father's permission to view his tax info on line? I'm assuming that's what you mean by the following:
So I see $4156 being held until Sept 20, then I seen it was processed on Saturday, June 15... and here it is Thursday and I never received it

If you didn't, you might want to edit your post (and I will in turn edit mine) because the IRS sometimes gets a little angry when you access other people's info without their consent.
This isn't how she was able to view it.

If you read the above, it went a bit more like this: She saw on her own child support case taht a siginficant payment came in and was placed on hold (hold would have been placed by the state's CSED) until September. (This happens when tax refunds are intercepted. Law requires them to be held anywhere from 30-180 days, depending on the type of payment.) A few days later, she saw that the payment had been processed and was not paid to her. Calling her case worker, she got told the payment was taken by another agency.

And that brought our OP here. To find out what could trump her claim for past due child support when dealing with tax refunds.

I work in child support. This is what I deal with every spring.
 
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Ladyback1

Senior Member
I suspect OP was checking her CS account, not Dad's tax info. Of course, I could be wrong.
and I could be misreading/misunderstanding it.

My state's CSED doesn't show the tax monies like that, so I'm not familiar at all with it being done that way. I can't see monies until they have been put into my "account", and at that point it's there.
 

CSO286

Senior Member
and I could be misreading/misunderstanding it.

My state's CSED doesn't show the tax monies like that, so I'm not familiar at all with it being done that way. I can't see monies until they have been put into my "account", and at that point it's there.
Most states (over half--according to those I'm familiar with) will show any payment that has been receipted to a case and show the pending release date. They--by law--cannot disclose the sources of these tyes of payments.
 

Ladyback1

Senior Member
Most states (over half--according to those I'm familiar with) will show any payment that has been receipted to a case and show the pending release date. They--by law--cannot disclose the sources of these tyes of payments.
I should have more clear: no, they don't show the source of the monies. Since Ex is on unemployment (again:() the amount is the same every two weeks. So, any differing amount after state income taxes are due (he's never been in arrears enough to hit the threshold for federal), and if he is arrears, I know that it is from state tax refund.
 

TinkerBelleLuvr

Senior Member
In Michigan, the scenario painted by CS0286 is the same as in my state. There would have been an intercept that is then swiped by the IRS or Student Loans first. Same thing happened to me when my X chose to file taxes one year. In my case though, he told me that I was going to get money. Didn't happen because it went to the student loans that I knew he was in arrears with also.
 

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