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Child Support vs. Tax Payments

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slm800

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

The department of revenue, child support division is trying to get me to pay back "overpaid" child support that I have been due because the payor (my daughters father) is suspected for tax fraud and may have a tax lien. They of course will not give me specifics, but I have records showing that they owe me this money, yet they are trying to state that the tax money that he owes comes first before child support, even though the money I have been paid was earmarked for child support. They are stating that I have to pay back money that I am rightfully owed. Do I have any recourse?

BTW, I filed a reconsideration dispute last year which they denied and I never heard from them again until almost a year and a half later. I have sent them a new dispute letter asking for proof of payment and a statement showing that they have indeed paid me all the money that they owed me just in case I am incorrect, however I have not received a response, and not sure they will send it. Worried they may try to garnish or intercept my tax returns and such for this.
 


LdiJ

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

The department of revenue, child support division is trying to get me to pay back "overpaid" child support that I have been due because the payor (my daughters father) is suspected for tax fraud and may have a tax lien. They of course will not give me specifics, but I have records showing that they owe me this money, yet they are trying to state that the tax money that he owes comes first before child support, even though the money I have been paid was earmarked for child support. They are stating that I have to pay back money that I am rightfully owed. Do I have any recourse?

BTW, I filed a reconsideration dispute last year which they denied and I never heard from them again until almost a year and a half later. I have sent them a new dispute letter asking for proof of payment and a statement showing that they have indeed paid me all the money that they owed me just in case I am incorrect, however I have not received a response, and not sure they will send it. Worried they may try to garnish or intercept my tax returns and such for this.
Did any of this child support come from a tax refund intercept? If the IRS intercepts a refund for past due child support and then later discovers that the party actually owed taxes rather than being due a refund, the IRS WILL take the money back from the state agency that asked for the intercept. The state agency then has to try to get the money back from the person to whom they paid it, as the state agency is only a clearinghouse for child support funds.

Whether the agency can go so far as to intercept future refunds of yours to try to collect the money is something I am not certain about either way. I personally have never seen it happen, but logic tells me that it could. I do not believe however that they could garnish wages without a court order.
 

slm800

Junior Member
Did any of this child support come from a tax refund intercept? If the IRS intercepts a refund for past due child support and then later discovers that the party actually owed taxes rather than being due a refund, the IRS WILL take the money back from the state agency that asked for the intercept. The state agency then has to try to get the money back from the person to whom they paid it, as the state agency is only a clearinghouse for child support funds.

Whether the agency can go so far as to intercept future refunds of yours to try to collect the money is something I am not certain about either way. I personally have never seen it happen, but logic tells me that it could. I do not believe however that they could garnish wages without a court order.
Thank you for your reply...and in answer to your question...yes probably about 90% of the money I received came from garnished tax returns as otherwise I was only getting something like $40 a month since he is a deadbeat without a real job. I guess I don't understand the "hierarchy" where they can decide that a tax lien takes priority over a court order that states he has to pay child support and of course for a mother to be able to care for her child, but it is what it is. I don't see how they can come after ME for his responsibility to pay taxes. I will not pay this money back that was rightfully due me. That would be like me (IRS) giving money to a friend (State) to give to another friend (Me) but the middle friend stating that nope, you owe me money as well so Im going to keep it. Thats not what it was for! I don't know if have any legal recourse though which is why I submitted the question, so if anyone does know, please let me know. Thanks.
 

LdiJ

Senior Member
Thank you for your reply...and in answer to your question...yes probably about 90% of the money I received came from garnished tax returns as otherwise I was only getting something like $40 a month since he is a deadbeat without a real job. I guess I don't understand the "hierarchy" where they can decide that a tax lien takes priority over a court order that states he has to pay child support and of course for a mother to be able to care for her child, but it is what it is. I don't see how they can come after ME for his responsibility to pay taxes. I will not pay this money back that was rightfully due me. That would be like me (IRS) giving money to a friend (State) to give to another friend (Me) but the middle friend stating that nope, you owe me money as well so Im going to keep it. Thats not what it was for! I don't know if have any legal recourse though which is why I submitted the question, so if anyone does know, please let me know. Thanks.
You have to understand that it is dad who owes you the money, not the federal or state government.

When they intercept a tax refund they are taking money that belongs to him, and giving it to you instead. However, since he was not entitled to that money after all, because he cheated on that tax return, they want that specific money back...and the IRS has taken it back from the state agency. So now the state agency has money missing that actually belongs to OTHER child support recipients. If you were receiving regular child support from dad, then they would take that money until it was paid back. However, you are apparently not receiving regular support payments, therefore they do not have that option.

Again, remember, its dad that owes you money. Not the state agency.
 

single317dad

Senior Member
It wouldn't be any different if he stole the money from a bank; you don't get to keep Dad's ill-gotten funds just because he owes you money. Your recourse is against him, not the government.
 

Ladyback1

Senior Member
I will not pay this money back that was rightfully due me.
Oh yes, yes you will pay it back--one way or another.

CS Enforcement completely messed up the calculations/math on what the Ex was suppose to pay per mo. Ex took all of us back to court, and the judge found in his favor (after over a year of the incorrect amount). The state CSED crafted a repayment plan where I got to keep a portion of the new/correct amt. each mo. So, for a year or so, Ex got to pay less in order for the state to repay him.

So, while I completely understand that this is NOT your fault, and you didn't do anything wrong or improper---The state and the IRS frankly don't care. They just want their money.
 

justalayman

Senior Member
Thank you for your reply...and in answer to your question...yes probably about 90% of the money I received came from garnished tax returns as otherwise I was only getting something like $40 a month since he is a deadbeat without a real job.
I guess I don't understand the "hierarchy" where they can decide that a tax lien takes priority over a court order that states he has to pay child support and of course for a mother to be able to care for her child, but it is what it is.
it doesn't, or at least it isn't in this situation.


I don't see how they can come after ME for his responsibility to pay taxes.
they aren't. They are coming after you for their money. It is neither the father's nor yours. It is theirs and they want it back.

I will not pay this money back that was rightfully due me.
Oh, that isn't going to end well.



That would be like me (IRS) giving money to a friend (State) to give to another friend (Me) but the middle friend stating that nope, you owe me money as well so Im going to keep it
. No. It would be like you (IRS) giving money to a friend (state) to give to another friend (you) with one exception:

the IRS giving it to the state was a mistake because the money was not actually owed to the father so, what we do have is:

IRS gave money to state based on the belief it was owed to the father. They made a mistake and have since realized it was not owed to the father and are simply stopping by to take it back.. It sucks that it is going to come out of your pocket but that's what will happen.







!
I don't know if have any legal recourse though which is why I submitted the question, so if anyone does know, please let me know. Thanks.
yes, return the money that should not have been given to you.
 

CSO286

Senior Member
Thank you for your reply...and in answer to your question...yes probably about 90% of the money I received came from garnished tax returns as otherwise I was only getting something like $40 a month since he is a deadbeat without a real job. I guess I don't understand the "hierarchy" where they can decide that a tax lien takes priority over a court order that states he has to pay child support and of course for a mother to be able to care for her child, but it is what it is. I don't see how they can come after ME for his responsibility to pay taxes. I will not pay this money back that was rightfully due me. That would be like me (IRS) giving money to a friend (State) to give to another friend (Me) but the middle friend stating that nope, you owe me money as well so Im going to keep it. Thats not what it was for! I don't know if have any legal recourse though which is why I submitted the question, so if anyone does know, please let me know. Thanks.
The "hierarchy" is this: The only thing that trumps a child support claim/judgment when dealing with tax intercepts is money owed to the IRS. LDiJ actually did a good job explaining that.

Becasue of the "hierarchy" (to use your words), these types of payments are usually held for anywhere from 30-180 days, to allow adequate time for the IRS to get their ducks in a row.

I'm sorry this happened to you, but you can also expect that the CSED will offset your ongoing support payments to repay the overpaid support amount. It is still on the books as owed by the NCP, and as state previously, the agency is currently out those funds and will recoup them.
 

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