• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Tex return was taken, but I dont owe?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Sway

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

My child support is taken right from my pay check for over two years now, but for some reason dcss says I owe arrears and took money from my tax return this year. I called my worker at dcss to ask why this happened but have yet to hear back. How can this have happened and can I get my money back?

Thank you.
 


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? California

My child support is taken right from my pay check for over two years now, but for some reason dcss says I owe arrears and took money from my tax return this year. I called my worker at dcss to ask why this happened but have yet to hear back. How can this have happened and can I get my money back?

Thank you.
Do you owe arrears from when the order was originally established? :cool:
 

Sway

Member
No I do not. Long story but ex wife lied and case was opened. At that time dcss started taking money from my check. We went to court and I was found current. My last tax return was not touched nor has my bank accounts. I'm lost, I mean if I owed arrears they wound have taken it from my bank along time ago?
 

CSO286

Senior Member
What is the name of your state (only U.S. law)? California

My child support is taken right from my pay check for over two years now, but for some reason dcss says I owe arrears and took money from my tax return this year. I called my worker at dcss to ask why this happened but have yet to hear back. How can this have happened and can I get my money back?

Thank you.
Wait until you hear back.

Sometimes SSNs get crossed at the IRS, sometimes at the DCSS.

It has been known to happen. They can fix it.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

My child support is taken right from my pay check for over two years now, but for some reason dcss says I owe arrears and took money from my tax return this year. I called my worker at dcss to ask why this happened but have yet to hear back. How can this have happened and can I get my money back?

Thank you.
Call again, and again, and again (if necessary) - there's no way that we could tell you anything else. Good luck.
 

Sway

Member
So I got a call back, and I was told that the system shows I owe arrears. I get $69.23 taken from my pay check a week. Well $69.23 x 4wks=$276.92, but $69.23 x 52wks = $3599.96. My child support payment is $300.00 a month, so $300.00 x 12mos= $3600.00. I asked who set up the $69.23 a week and she said the system did. WTH? When this started like two years ago I asked my worker about this and she told me not to worry about it cause there was a wage assignment in order and everything was fine. I then asked her what if the system "thinks" I owe arrears, whats stopping it from pulling my drivers lic? Again she told me not to worry about it cause of the wage assignment. So it seems the system has screwed me and all she said to me was, you owed it. Is this right, anything I can do? I will be calling in the morning to talk to a lead since my worker just kept telling me that the system showed I owed it. Also when I looked at my account on the DCSS site, its missing weeks under my payments, then ads them in a week or two later so its really hard to see whats paid since its not a weekly update on "the systems" part.



Thanks again for your replys, I appreciate your time.
 
Last edited:

EmmeRose

Member
I get $69.23 taken from my pay check a week. Well $69.23 x 4wks=$276.92, but $69.23 x 52wks = $3599.96. My child support payment is $300.00 a month, so $300.00 x 12mos= $3600.00.
No state would waste their time taking your tax return if you owe less than a dollar in arrears. Something isn't adding up...
 

stealth2

Under the Radar Member
I get $69.23 taken from my pay check a week. Well $69.23 x 4wks=$276.92, but $69.23 x 52wks = $3599.96. My child support payment is $300.00 a month, so $300.00 x 12mos= $3600.00.
And your math is faulty. Because there are NOT 4 weeks to a month. There are 4.3 weeks per month. So, with THAT in mind, this is what you are ACTUALLY paying:

69.23/week x 4.3 weeks = 297.69/mo

297.69/mo x 12mos = 3572.28/year

3600 ordered - 3572.28 paid = 27.72 short/year.

Not a LOT, but, still - money you were responsible for paying and did not. In other words? An arrearage.
 

Ohiogal

Queen Bee
And your math is faulty. Because there are NOT 4 weeks to a month. There are 4.3 weeks per month. So, with THAT in mind, this is what you are ACTUALLY paying:

69.23/week x 4.3 weeks = 297.69/mo

297.69/mo x 12mos = 3572.28/year

3600 ordered - 3572.28 paid = 27.72 short/year.

Not a LOT, but, still - money you were responsible for paying and did not. In other words? An arrearage.
ACTUALLY if he is paying weekly then he is making 52 payments a year of $69.23. If he was paying monthly that might be a different story. But there are 52 weeks in a year. And if they are garnishing $69.23 a week then that is 69.23 x 52 = 3599.96.
 

stealth2

Under the Radar Member
ACTUALLY if he is paying weekly then he is making 52 payments a year of $69.23. If he was paying monthly that might be a different story. But there are 52 weeks in a year. And if they are garnishing $69.23 a week then that is 69.23 x 52 = 3599.96.
It depends if the order is weekly or monthly. It sppears, from what he wrote, that he is ordered to pay $300/mo. Not $69.23/wk. But he shoujld clarify that.

It would, however, explain why he is in arrears.
 

Zigner

Senior Member, Non-Attorney
I suspect there was a bit of "lag time" between when the payments were supposed to have started and when they actually DID start.
 

Sway

Member
It is $300.00 per month. DCSS wont let me pay it so their system set it up to take $69.23 per week. Either way, I get paid four weeks a month, some times five. So thats how I came up with $69.23 x 4wks.
 

stealth2

Under the Radar Member
Again - a month is not 4 weeks, but 4.3 ... I thought CS set up the amount, not you... ???
 

Sway

Member
Dcss set the amount. I was told it was based on a year, 52wks. So it will always look like in have arrears till the end of the year. So if they tax money from my return, then I over paid come the end of the year?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top