help! license wrongfully suspended

[matt4g64]

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

 

[matt4g64]

here's the story

Last year I was 2900 behind on child support. When I had my taxes done, I'm brought my ex (sons mom) with me. I had the option to either have the money mailed or direct deposited. I opted to direct deposit all the money into my sons mom's bank to fully catch up my debt. Weeks later, I received letter from the irs saying that the wouldn't direct deposit and the money would be mailed. I thought nothing of it.

So the money still got got to her and I was back compliant.

So now I find out they suspended my license because they had to "intercept" the money from taxes to pay her, and that makes it an involuntary payment and makes me non compliant.

I have all the tax papers that clearly show that I chose direct deposit with her account and routing number. Proving that I intended the money to go to her.. is there anything I can do to get the suspension lifted?

 

[FlyingRon]

You need to tell us what state this occurred in.

 

[LdiJ]

Last year I was 2900 behind on child support. When I had my taxes done, I'm brought my ex (sons mom) with me. I had the option to either have the money mailed or direct deposited. I opted to direct deposit all the money into my sons mom's bank to fully catch up my debt. Weeks later, I received letter from the irs saying that the wouldn't direct deposit and the money would be mailed. I thought nothing of it.

So the money still got got to her and I was back compliant.

So now I find out they suspended my license because they had to "intercept" the money from taxes to pay her, and that makes it an involuntary payment and makes me non compliant.

I have all the tax papers that clearly show that I chose direct deposit with her account and routing number. Proving that I intended the money to go to her.. is there anything I can do to get the suspension lifted?

That isn't how it works, in any state in the US. Your license would have been suspended BEFORE the IRS intercept was ever put into place. You were non-compliant as soon as you did not pay the support when it was due.

They also did not inform you that the money would be mailed. They informed you that your refund had been seized for child support debt.

 

[CSO286]

That isn't how it works, in any state in the US. Your license would have been suspended BEFORE the IRS intercept was ever put into place. You were non-compliant as soon as you did not pay the support when it was due.

They also did not inform you that the money would be mailed. They informed you that your refund had been seized for child support debt.

Some of this is incorrect. License suspension and Tax intercept are two separate enforcement remedies. They occur independent of one another.

OP--unless your license was suspended while you were current on your support or because you don't owe it and happen to share a name with someone who does, then your license was not wrongfully suspended.


Federal tax intercept becomes active automatically once a payor is behind more than $25. Case gets flagged, and the following month the arrears are certified and sent to the IRS. It's what we call an "administrative enforce the remedy"--meaning the system automatically does it and a worker doesn't have to activate it AND the workers cannot deactivate it.Even if the payor is complaint with a payment plan.

DLS suspension follows another track: A payor must have arrears greater than X amount (varies by state), and have failed to make any payments in the past 90 days. And once the case is selected for DLS, it still takes another 30-90 days before DLS actually occurs. In this time, the payor will be noticed that their license will be suspended, giving them time to contact the CSED to make payment arrangements. (This is where things get very different.) Each county gets to set policy on what an acceptable good faith payment would be, or if they require all arrears to be paid, or what kind of reduced payment plan would be acceptable. My agency allowed us to set such terms on a case by case basis. I met with my supervisor if I was doing anything unusual--requiring a larger good faith payment, setting the payment plan amount lower than the actual support obligation, etc.


OP's problem: He thinks that because he made a deal with the other parent, he's good to go. What he needed to do to avoid DLS was contact CSED when he received notice about DLS and enter into a payment agreement. And he is absolutely right that his intercepted refund would count for his payment as it wasn't voluntary. THe State is going to go after that money because the OP obviously hasn't been paying support as ordered, and based on OP's post, hasn't been for at least 5 months.


To get the DLS lifted, he needs to contact his CSED worker, and enter into a payment agreement. Be expected to pay anywhere from 1-3 months obligation as a good faith payment to facilitate the reinstatement, and to tell your worker how you plan to get and remain compliant with the order.

 

[single317dad]

Federal tax intercept becomes active automatically once a payor is behind more than $25. Case gets flagged, and the following month the arrears are certified and sent to the IRS. It's what we call an "administrative enforce the remedy"--meaning the system automatically does it and a worker doesn't have to activate it AND the workers cannot deactivate it.

I can't speak to any other case than mine, but my ex has gotten her tax refunds consistently for 8 years and never has one been intercepted. Some were HoH, others married joint. In some recent conversations with my IV-D prosecutor, we discussed putting a tax intercept in place, but that's a full manual operation here. So OP's state and maybe even local jurisdiction will matter here.