I need a way to recover my tax refund that was offset

[tntonly]

California
I have taken care of my child since day 1. Including CASH support and Med. Ins. (for my son & his mother) and about 95% of everything my son has comes from myself or my family. Nevertheless my sons mother went and got welfare for the 1st 3 months of my sons life. Behind my back. Later when served by the court I was misinformed by the child support office & led to believe it was nothing to worry about. So I didn't go to court. Long story short I was found to be responsible for the money the county gave her even though she wasn't in need because she was recieving support from me at the same time.
I got laid off 6 months ago and desperately need the tax refund for the support of my family. There is no case at this time we closed it when they tried to charge over $12,000 in arrears. I was never told I would be offset because of this. I am current with the payments as of today. But according to them it doesn't matter because my case started in arrears even though there was no one telling me to pay them anything.
So is there a hardship clause anywhere?
The child support officer over the phone said I needed to file a "Motion for payment plan" w/ the court. when I went to the court no one knew what I was talking about. Can anyone help me??

 

[stealth2]

Well, not going to court is almost always a really dumb idea. Sorry. The money you were giving her before - that was absent a court order, right? Then it's likely considered a "gift" and may or may not have been in line with support guidelines.

I hate to say it, but this is exactly why it is really, really stupid to come to a "gentlemen's" agreement and not get things done officially through the court. I'm afraid you may have to count this as an expensive lesson learned, although you might want to consult with a local attorney - many will offer free consultations.

 

[kat1963]

Does your wife work? If so she can file form 8379 with the IRS in order to obtain her refund. Read the publication to see if she qualifies. In the future increase your W2 withholdings so that there is little or no return due you....of course this just keeps the monkey (with interest) on your back even longer. I’m sorry, I really don’t know of any filings that will keep the IRS from taking your return.
KAT