Averaging last three years??????

[smokeybear]

I am in a arears payment plan with the child support inforcement agency (CSEA) to pay back child support. This is by my wishes. I am making payment through their plan. Now they tell me they are taking my income tax return. This debt is only for six months worth of support-the time it took to get the blood test and support started. It totals 2,000. I heard from someone at work that the IRS allows each person only once in a lifetime to average their income for the past three years. If they are taking my income tax check that my family was depending on can I do this? Is this true??? That way if I could do this I will get enough back to pay this arears and some for my family. Also, another question is there any legal way to stop them from taking my return??? Because i was gladly paying in their payment program. I guess they treat every man like a dead bead and the woman as the victim no matter what the circumstances. Please let me know if this is correct.

 

[wowie]

I am not an attorney and not a CPA

I do not think that it is legal to estimate or average your income. Otherwise everyone would be doing it. However, if you are remarried then your wife can claim innocent spouse. . . you would have to file this paper BEFORE you file your tax return. This will allow her portion of the refund money to still come to you.

I would contact the CSEA. See if there is an arrangement that you can make. I don't know the exact laws, but it seems unfair that they are seizing your money that supports your family to pay for another child's support.

Another idea is that you can file two extensions one extends you to August the second extends you to October. You could hold off on filing your tax return until you are out of arrearage.