Tax return & child support arrears

[summerdawn]

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

Hi guys. I was married in May of this year. I have 5 children. I lost custody of my oldest when I was still a teenager and I got full custody of her about a year and a half ago. I owe less than 900 dollars child support for her. It used to be more, but I paid it down little by little.

We are going to file for taxes in late Jan/early Feb and I don't work outside of the home. My husband and I will be filing jointly. If we file jointly, and it is only his income, can child support intercept it and use some of it to pay my child support off? I feel like i'm SOOOO close to getting it paid off, and I would like them just to take the rest from our taxes if possible so that it is finally gone...I was just worried that they may not be able to since it is not technically my income they are taking it from.

If not, I can always send it in myself, I was just hoping to have it be done with as quickly as possible. I can't wait to get it out of the way after all these years!!!

ETA: Also, do you know how long it might take for me to be able to get a passport after I pay it off? My church runs an orphanage in Mexico and I am really wanting to go on a missions trip with them. I've been waiting for so long.

 

[Isis1]

If my understanding is correct, if you are less the $2k in arrears, you can actually petition the agency to release it. If you have been making the minimum amount per the order on a steady basis, they might just release it to you.

Also, if you file jointly, that IS your money. so yes, if the agency already has a garnishment in place with the IRS, you bet they'll take it. What would help to speed up that process, is inform the IRS that no spousal injury form will be submitted so they'll release the funds as soon as possible.

 

[Zigner]

You seem to WANT to pay it off. If they don't take it from your refund, then why don't you just use that money to send a payment in?

 

[summerdawn]

If my understanding is correct, if you are less the $2k in arrears, you can actually petition the agency to release it. If you have been making the minimum amount per the order on a steady basis, they might just release it to you.

Also, if you file jointly, that IS your money. so yes, if the agency already has a garnishment in place with the IRS, you bet they'll take it. What would help to speed up that process, is inform the IRS that no spousal injury form will be submitted so they'll release the funds as soon as possible.

Thank you, I didn't know I could do this. I forgot that they usually put a 6 month hold on the child support in case the other spouse contests it-they did that with my ex's first married tax return. Do you know if there is some form that my husband has to file wiht the IRS to assure them he will not be contesting?

BTW how have you been?

 

[Isis1]

Thank you, I didn't know I could do this. I forgot that they usually put a 6 month hold on the child support in case the other spouse contests it-they did that with my ex's first married tax return. Do you know if there is some form that my husband has to file wiht the IRS to assure them he will not be contesting?

BTW how have you been?

I'm gonna let Ld answer that one, because I don't think it's an actual form, so he may just need to put it in writing.

I've been good! Just in, out, and about!

 

[LdiJ]

I'm gonna let Ld answer that one, because I don't think it's an actual form, so he may just need to put it in writing.

I've been good! Just in, out, and about!

There isn't a form, and it isn't the IRS that holds it. Its the state CSE that holds it for six months. They do that because the IRS can take it back if the IRS has a reason for doing so, and if the CSE has already disbursed it then it then the CSE is out the money and has to try to get it back from the recipient.

So, its not the IRS that you want to inform that no injured spouse will be filed against it, its the CSE that is holding the funds that you want to inform.

 

[Isis1]

There isn't a form, and it isn't the IRS that holds it. Its the state CSE that holds it for six months. They do that because the IRS can take it back if the IRS has a reason for doing so, and if the CSE has already disbursed it then it then the CSE is out the money and has to try to get it back from the recipient.

So, its not the IRS that you want to inform that no injured spouse will be filed against it, its the CSE that is holding the funds that you want to inform.

That sounds easier and makes more sense!

 

[CSO286]

ETA: Also, do you know how long it might take for me to be able to get a passport after I pay it off? My church runs an orphanage in Mexico and I am really wanting to go on a missions trip with them. I've been waiting for so long.

Once you have a zero balance, contat the state CSED office (call 1-866-901-3212) to get the hold on your passport released. It can take anywhere from 1-4 weeks for it to happen (ask them about thier timeline), and then you shouldn't have a problem when you make your application to the State Dept.

Federal law requires that a noncustodial parent who has arrears (past-due) child support in excess of $2,500 shall not be issued a passport, except for direct return to the United States. In California, you must pay the arrears/past due child support in full to get your passport released. Contact your local child support agency to make arrangements to pay off your child support arrears and to have your passport released.

NCP FAQs

 

[TinkerBelleLuvr]

Because less than $2500 is owed, there should be no problem in getting a passport done. Did you get a letter in November stating that there was going to be an intercept? If not, have you contact CSE to see if there is one? If no intercept (less than 1K owed), then just pay it off when you get your refund.