+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 27
  1. #1
    BrowneyedGirl is offline Junior Member
    Join Date
    Feb 2009
    Posts
    13

    Tax Refund Interception

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


    I'm hoping that someone would know this information. For one, how much Child Support/Care arrears do you have to owe to have your tax refund intercepted by CSE?

    Also, once intercepted, if there is still a refund left over (i.e. Arrears not as much as Tax Refund) how long does it take for this to be sent out to you?

    I know a part of this is a Tax question, but I'm a little confused as to where to get this information. I'm not sure if CSE pulls the entire refund, takes what they are owed and then forwards it on, or if they can only touch what they are owed.What is the name of your state (only U.S. law)?
  2. #2
    CJane is offline Senior Member
    Join Date
    Feb 2005
    Location
    Kansas City
    Posts
    19,812
    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.
  3. #3
    truebluemd is offline Senior Member
    Join Date
    Oct 2007
    Posts
    1,231
    Quote Originally Posted by BrowneyedGirl View Post
    What is the name of your state (only U.S. law)? NY


    I'm hoping that someone would know this information. For one, how much Child Support/Care arrears do you have to owe to have your tax refund intercepted by CSE?

    Also, once intercepted, if there is still a refund left over (i.e. Arrears not as much as Tax Refund) how long does it take for this to be sent out to you?

    I know a part of this is a Tax question, but I'm a little confused as to where to get this information. I'm not sure if CSE pulls the entire refund, takes what they are owed and then forwards it on, or if they can only touch what they are owed.What is the name of your state (only U.S. law)?
    Call your state CSE because I believe it varies state to state. In my state, from what the agent told me, an automatic notification is sent to IRS when the obligor is behind 60 days or more. As far as leftover, I am sure theyw ould send it to the obligor once all other witholding obligations, if any, are met.
  4. #4
    BrowneyedGirl is offline Junior Member
    Join Date
    Feb 2009
    Posts
    13
    Thank you. Regretfully I've already contacted CSE and even IRS and they have conflicting stories so it gets a little confusing.

    CSE states that they can hold it for 6 months before releasing but she didn't speak english very well so I think she was trying to tell me that the amount that is going to the party owed the Support has to wait 6 months before seeing any of it in case an injured spouse form is filed.

    IRS states that it will only delay it for a week and then everything is sent on.

    I was hoping that someone else had been in this situation and had first hand experience with it. I've done some researching on the web and have come up with some horror stories where the entire refund was taken and applied even though the arrears did not amount to this much.


    Background Info:

    Order is for Back Daycare that was being contested in court. Mother was using oldest child as a babysitter then claiming she was paying a friend down the street to watch the youngest. Oldest even confirmed this. During court, Mother was ordered to submit receipts and affadavits from Babysitter (which she did but it came about they were forged and invalid)

    Case was set to go forward for trial but the lawyer advised that her (lawyers) legal fees were going to add up to more than what the children's mother was requesting in Daycare expenses. So it was decided to forfeit the trial and to pay the bogus Daycare expenses.

    Daycare expenses have been paid faithfully for the past year and only $1300 is left remaining. That is only 1/3 of expected Tax Return so want the Intercept to happen to pay this off. No other CS orders are in place, no other obligations are owed. As it is, Children have been residing in this household for the past 5-6 months and no support seen from the mother.

    So just wanted a time frame so I know how things are progressing. Wanted to take the children for a vacation and get them what they need.
  5. #5
    BL
    BL is offline Senior Member
    Join Date
    Jul 2003
    Location
    In the good old US of A
    Posts
    19,209
    If I recall , it's 2 months in arrears , but NY might have gotten stricter .

    As was said NY will intercept and send you a letter .

    They will hold the intercept to give you a chance to dispute it ,etc .

    You can then request any amount over what you owe be refunded to you .

    Of course , if you're in arrears again , don't count on it .

    Don't count on CSEU giving you any more info than that .

    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 .
    Last edited by BL; 02-02-2009 at 12:49 PM.
  6. #6
    TinkerBelleLuvr is offline Senior Member
    Join Date
    Aug 2007
    Location
    With Capt'n Hook
    Posts
    11,320
    If the refund amount is greater than the amount reported by CSE to the IRS, the person getting the refund gets the amount OVER the reported arrearage, with the amount reported going to CSE.

    For example:
    You have an arrearage of $1000 that has been reported by CSE to the IRS.
    Your refund is $2000.

    $1000 goes to CSE and $1000 goes to the taxpayer.
  7. #7
    B.Vermouth is offline Member
    Join Date
    Dec 2008
    Posts
    65
    In my state, arrears under $500 means they can intercept the STATE return, over $500 they can intercept the FEDERAL.

    They usually hold it for a couple of months before releasing it to SES.
  8. #8
    BrowneyedGirl is offline Junior Member
    Join Date
    Feb 2009
    Posts
    13
    Quote Originally Posted by Ginny J View Post
    If the refund amount is greater than the amount reported by CSE to the IRS, the person getting the refund gets the amount OVER the reported arrearage, with the amount reported going to CSE.

    For example:
    You have an arrearage of $1000 that has been reported by CSE to the IRS.
    Your refund is $2000.

    $1000 goes to CSE and $1000 goes to the taxpayer.

    Thank you. This makes the most logical sense and yes quite frankly is what I want to hear lol. The arrearage like I said is only in the amount of $1300 whereas the refund is close to the 6k mark. And with no possibility of anymore arrearages racking up because it's for daycare expenses back in 2006, that amount isn't going to increase at all.

    Another question if anyone knows this, with the interception happening, there will be nothing more owed. Nada, zilch, zip, nothing. There is a bi-weekly garnishment in place right now to pay off the arrearages. Will this garnishment cease and desist because the interception pays it off, even though the mother has to wait 6 months before she sees anything? Or will the garnishment stay in place until the mother receives her amount and then CSE refunds back the overpayment?
  9. #9
    B.Vermouth is offline Member
    Join Date
    Dec 2008
    Posts
    65
    Quote Originally Posted by BrowneyedGirl View Post
    Thank you. This makes the most logical sense and yes quite frankly is what I want to hear lol. The arrearage like I said is only in the amount of $1300 whereas the refund is close to the 6k mark. And with no possibility of anymore arrearages racking up because it's for daycare expenses back in 2006, that amount isn't going to increase at all.

    Another question if anyone knows this, with the interception happening, there will be nothing more owed. Nada, zilch, zip, nothing. There is a bi-weekly garnishment in place right now to pay off the arrearages. Will this garnishment cease and desist because the interception pays it off, even though the mother has to wait 6 months before she sees anything? Or will the garnishment stay in place until the mother receives her amount and then CSE refunds back the overpayment?
    He needs to file NOW to stop the garnishment, go speak to the judge about this & let them decide if they will stop it now or what...otherwise you'll be potentially fighting for a refund from SES.
  10. #10
    TinkerBelleLuvr is offline Senior Member
    Join Date
    Aug 2007
    Location
    With Capt'n Hook
    Posts
    11,320
    The garnishment continues until the COURTS stop it.
  11. #11
    BrowneyedGirl is offline Junior Member
    Join Date
    Feb 2009
    Posts
    13
    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?
  12. #12
    CourtClerk is offline Senior Member
    Join Date
    Apr 2007
    Location
    Sitting at the computer probably rolling my eyes at your post
    Posts
    13,435
    Quote Originally Posted by B.Vermouth View Post
    He needs to file NOW to stop the garnishment, go speak to the judge about this & let them decide if they will stop it now or what...otherwise you'll be potentially fighting for a refund from SES.
    I disagree. When the IRS sends the notice of interception, THEN you file. What's the point of filing when you have no proof that your refund is going to be intercepted??? What? You want the court to take you at your word?

    And you don't fight SES or CSE or whoever for the refund. You go after the person who has the money, which is the other party...
  13. #13
    BrowneyedGirl is offline Junior Member
    Join Date
    Feb 2009
    Posts
    13
    Quote Originally Posted by CourtClerk View Post
    I disagree. When the IRS sends the notice of interception, THEN you file. What's the point of filing when you have no proof that your refund is going to be intercepted??? What? You want the court to take you at your word?

    And you don't fight SES or CSE or whoever for the refund. You go after the person who has the money, which is the other party...
    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.
  14. #14
    BL
    BL is offline Senior Member
    Join Date
    Jul 2003
    Location
    In the good old US of A
    Posts
    19,209
    Quote Originally Posted by CourtClerk View Post
    I disagree. When the IRS sends the notice of interception, THEN you file. What's the point of filing when you have no proof that your refund is going to be intercepted??? What? You want the court to take you at your word?

    And you don't fight SES or CSE or whoever for the refund. You go after the person who has the money, which is the other party...
    Not necessarily .

    If CSEU is involved , then one would petition the court.

    CSEU for the party .

    CSEU would have a Rep. in court for the party .
  15. #15
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    65,188
    Quote Originally Posted by BrowneyedGirl View Post
    What is the name of your state (only U.S. law)? NY


    I'm hoping that someone would know this information. For one, how much Child Support/Care arrears do you have to owe to have your tax refund intercepted by CSE?

    Also, once intercepted, if there is still a refund left over (i.e. Arrears not as much as Tax Refund) how long does it take for this to be sent out to you?

    I know a part of this is a Tax question, but I'm a little confused as to where to get this information. I'm not sure if CSE pulls the entire refund, takes what they are owed and then forwards it on, or if they can only touch what they are owed.What is the name of your state (only U.S. law)?
    If an intercept is in place that is for less than the amount of the refund, the IRS will intercept the necessary amount and send the rest of the refund just as fast as they would send any other refund (but you cannot get rapid refunds and things of that nature).

    I believe its 500.00 in my state too.

Similar Threads

  1. tax refund interception in N.Y.
    By barb2731 in forum Child Support
    Replies: 7
    Last Post: 03-25-2010, 04:26 PM
  2. IRS Refund Interception
    By tillmae in forum Debt Collections
    Replies: 4
    Last Post: 03-04-2009, 04:28 PM
  3. Illegal interception in PA
    By pittsmark6 in forum Arrests, Searches, Warrants & Procedure
    Replies: 3
    Last Post: 08-23-2005, 08:11 AM
  4. Tax Refund interception
    By GSTANLFIELD in forum Child Custody & Visitation
    Replies: 6
    Last Post: 10-24-2001, 05:36 PM
  5. Notification of tax refund interception
    By donelber in forum Child Custody & Visitation
    Replies: 2
    Last Post: 03-25-2001, 11:02 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.