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Overpayment of child support

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rondarandt

Junior Member
Indiana
My husband was on disability because of back surgery 4 months last year so payments could not be deducted through work. He made what payments he could through the county prosecuters office, we are not saying that he didnt get behind he did but that amount has been made up and then some via the payments and with the government holding his tax refunds, which we expected would happen. The problem is now three fold; 1) They have held his tax checks which was more then the owed amount so they should owe him back, how can he get the difference back? 2) They are now withholding half of his bonus check to satisfy the same amount they have already taken, how can he get them to stop and how can he get this back? 3) His ex has not recieved a distribution from the state for this amount, she wants money from him, how can she get her money from the state?
 


LdiJ

Senior Member
Indiana
My husband was on disability because of back surgery 4 months last year so payments could not be deducted through work. He made what payments he could through the county prosecuters office, we are not saying that he didnt get behind he did but that amount has been made up and then some via the payments and with the government holding his tax refunds, which we expected would happen. The problem is now three fold; 1) They have held his tax checks which was more then the owed amount so they should owe him back, how can he get the difference back? 2) They are now withholding half of his bonus check to satisfy the same amount they have already taken, how can he get them to stop and how can he get this back? 3) His ex has not recieved a distribution from the state for this amount, she wants money from him, how can she get her money from the state?
When the state seizes a tax refund for child support, they sit on that refund for 6 months before dispursing it to the recipient. The reason for this is to ensure that the IRS won't be taking the money back for whatever reason...and to ensure that the money isn't grabbed from some other source first (ie his bonus check).

Once the debt is covered, any excess tax money being held will be returned to the IRS, and then the money will be refunded to the taxpayer.
 

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