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child support/tax refunds

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daninwi

Junior Member
What is the name of your state?WI

I have a question: At my original divorce hearing, the judge did not order support as time spent with children was nearly equal. On appeal, his decision was remanded and I was ordered to pay support. This immediately put me into a "delinquent" status, and a lien was put on my house. The lien was only for $800 for some reason, and I paid it separately and received a satisfaction in the mail. The total back child support is around $7000. I pay no current support. I have a payment schedule put into place by the original judge, and I am completely current, as I have always been. I have never been behind on a single payment. So how is it that the state can intercept our tax refunds and divert them to the child support agency? About 90% of the refund actually belongs to my new wife, as I was not employed for a part of the year. I never missed a payment, even then. Is it right for them to take our tax refund? Any advice will be appreciated.
 


Gracie3787

Senior Member
daninwi said:
What is the name of your state?WI

I have a question: At my original divorce hearing, the judge did not order support as time spent with children was nearly equal. On appeal, his decision was remanded and I was ordered to pay support. This immediately put me into a "delinquent" status, and a lien was put on my house. The lien was only for $800 for some reason, and I paid it separately and received a satisfaction in the mail. The total back child support is around $7000. I pay no current support. I have a payment schedule put into place by the original judge, and I am completely current, as I have always been. I have never been behind on a single payment. So how is it that the state can intercept our tax refunds and divert them to the child support agency? About 90% of the refund actually belongs to my new wife, as I was not employed for a part of the year. I never missed a payment, even then. Is it right for them to take our tax refund? Any advice will be appreciated.
Your wife needs to file an injured spouse form, then she will recieve HER portion of the refund, while YOUR portion will be sent for the CS.
As long as "arrears" exist your tax refund can be intercepted, even if there is a court order to pay a specific monthly amount. The best thing you can do is to adjust your witholding so that you will either get very small refund, or have to pay taxes at end of year.
 

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