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Prosecutor keeps tax intercept 2 years

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wildthing

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

If the prosecutors office intercepts the NCP tax return for child support arrearage is it normal for the prosecutor to wait 2-year before releasing to the CP?
The reason the Prosecutor gave to the CP is that the NCP is married and files a joint return. The prosecutor claims the spouse of the NCP has 2-years to file for injured spouse to claim her share of the intercepted tax return.
 


The IRS has changed the hold time several times in the past, but the longest it's been is 180 days. That goes with a caveat to the CP that there could be changes up to 5 years that could have some or all of that amount recalled.

Someone else here will likely know the time frame the IRS gives for filing injured spouse.
 

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