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Tax Refund Interception

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LdiJ

Senior Member
This information might vary by state, I don't know. So verify with CSE in your state to make sure.

In MY state, which is not YOUR state...

Once the NCP is $500 in arrears, the IRS is automatically notified and an intercept is put in place.

Then entire refund (if any) is then sent to CSE and held for 37 days. During this time, the NCP is notified that their refund is being held and they are given an opportunity to dispute the holding.

Once the 37 days has elapsed, the CURRENT amount of arrears (including anything that has accumulated during the holding period) is sent to the CP and the remainder of the refund, if any, is sent to the NCP.

The intercept notice has to be sent to the IRS by (I believe) November of the previous year though. So if they hit the magic number in December, you're out of luck in most cases.
The bolded is incorrect CJane...at least as far as federal tax is concerned. The IRS will not accept a "blanket" tax intercept. It has to be a specific amount and the IRS will not send the state any more than the specific amount included in the intercept.

What may cause the confusion is that if for some reason the intercept ends up being higher than the actual balance due at the time the money is received, then some money will get refunded to the NCP.
 


TheGeekess

Keeper of the Kraken
That was exactly my thought process. It would make no sense to file when there is no proof as of yet that this situation has even taken place.

Trying to do the best thing here. Hoping and praying that CSE will refund the amount if there is an error but not counting on it.

Going after the mother for any overpayments paid to her, well, not sure about getting into that situation. There's no Child Support order in place against her because of fear of her being a flight risk. She's a naturalized citizen with her home country being France. Has already told the children that if she has to pay child support, she'll have to sell the house she's living in and flee the country.
:eek::eek::eek:
What a lovely thing to tell your children who are half the other parent. :rolleyes::rolleyes:
 

BrowneyedGirl

Junior Member
What does her lawyers legal fees have to do with it ?

Usually if the hearing examiner rules , if neither party likes the order , a written objection is made .

Doesn't cost a dime . It's reviewed by a Judge .

Sorry, didn't catch this at the time. Was not implying the mother's legal fees but was trying to impart the lawyers legal fees on this end (female lawyer).

Would have had to pay for a handwriting expert to come in as well as supenoa (sp?) numerous different people to come in and testify all for $3000. in bogus child care expenses. Like I said, ultimately it was decided that trial was not worth it, nor was it financially expedient.
 

BL

Senior Member
During court, Mother was ordered to submit receipts and affadavits from Babysitter (which she did but it came about they were forged and invalid)
Came about by who ?
 

BrowneyedGirl

Junior Member
:eek::eek::eek:
What a lovely thing to tell your children who are half the other parent. :rolleyes::rolleyes:


Yes it is isn't it? To top it off, all children are living in this household, have been for almost half the year and are in the process of permanent custody being set in place (only temporary custody right now until settlement court date later this month). She has an income of $60k a year with only herself to support while this household is supporting a family of 6 on 19k a year.

But I digress. The situation is what it is. Just don't drag the kids into it is what I say. I don't care if we only have 5k a year to live off of, I would never ever tell my children that I would flee the country or lose the family home due to a child support order that goes to support them. That makes them feel responsible for the situation when it's not theirs to own. *climbing down from soapbox*
 

BrowneyedGirl

Junior Member
Came about by who ?
One of the reciepts was alleged to be written by a daycare provider that had alleged to have been paid by mother. Daycare provider instructed both lawyers on either end that she had never written the receipt.

Judge looked closer at all the receipts and found that the signatures bore a striking resemblance to the signature mother had signed on the court paperwork.

That's when there was discussion of a Handwriting expert to come in and examine the receipts.
 
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45Frank

Member
You also better hope the Ex did her taxes correctly. Months after I received my Ex. wife's intercept I am being sued by the state for my Ex's money. She defrauded the IRS somehow using her Ex. husband ME (they took it from the state and they're taking it from my kids) I'm not privy to that info but I am too pay it back.
 

TheGeekess

Keeper of the Kraken
You also better hope the Ex did her taxes correctly. Months after I received my Ex. wife's intercept I am being sued by the state for my Ex's money. She defrauded the IRS somehow using her Ex. husband ME (they took it from the state and they're taking it from my kids) I'm not privy to that info but I am too pay it back.
Frank, can I be frank? :eek::rolleyes: Stop whining from thread to thread about your evil ex. :rolleyes::rolleyes::rolleyes:
 

BrowneyedGirl

Junior Member
Update

I figured I'd post this here so that it might help someone else out in the same situation on information.


Taxes have been processed. Scheduled to be deposited tomorrow minus only the amount owed for back Child Care. So all in all, they only took what was owed to them, and it only delayed everything by one week.

Now off to CSE to stop the wage garnishment.
 

CJane

Senior Member
Thank you for the quick replys. I really do appreciate it.

What would you suggest in this instance to do?

I was informed that they hold the amount for 6 months in case of an Injured Spouse form filed. There are no plans whatsoever of this being done.

But I understand that CSE does not know this and wouldn't take it for gospel even then.

So, what would be the best course of action in terms of the wage garnishment?
In MY state (again, not YOUR state), the person OWING the money can write a letter and send it to CSE, stating that they have no intention of fighting the intercept and to request that they release the funds to the other party. CSE will comply w/out the waiting period.

Find out if that's an option for y'all.
 

CJane

Senior Member
The bolded is incorrect CJane...at least as far as federal tax is concerned. The IRS will not accept a "blanket" tax intercept. It has to be a specific amount and the IRS will not send the state any more than the specific amount included in the intercept.
Interesting. CSE just told my co-worker that that's exactly what will happen. Her ex is currently in arrears by around $1600. His refund is around the $4K mark. By the time it pays out, he'll be another $1000 in arrears. CSE assured my co-worker that she will get the entire amount owed to her - including this next month's child support - before he gets ANY of his refund.

Perhaps she had no idea what she was talking about, but what I typed is exactly what the CSE worker told my co-worker regarding how MO handles intercepts.
 

TinkerBelleLuvr

Senior Member
The intercept has to have a specified dollar amount to the government. Oh, and if they owe the IRS $$ or there is a default student loan, it goes there first.
 

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