Robbiemk1120
Junior Member
What is the name of your state (only U.S. law)? Virginia
This year my federal refund got intercepted because of my mom's overpayment of food stamps due to her claiming one of my other brothers in 2006 that didn't live with her (I was told that they are trying to charge her with fraud, but she never appeared for her hearing). When I called the Department of Family Services where I live in Fairfax County that took it, they said that since they could not get the money from my mother that they were allowed to take it from me. During the time period that they are collecting for in 2006, I was 18 and still in highschool. I believe that I would've still been considered a dependent in VA at that time. The lady told me that once I turned 21 in 2008 that they were allowed to pursue me for the debt that my mother owed and since the state already received the money from me this year ($1647, a whole month of pay for me after taxes!!) that they were probably not going to give it back and according to the law that it was allowed.
After talking to my mother, she said that they had already intercepted her tax return once about 2-3 years ago for the same thing. If they did it once (I'm assuming that it's flagged by SSN) from her taxes and she has worked and filed every year since, then why didn't they take it from hers again? I haven't even lived with her or the same state since 2007, with me in the county and state where it happened and her in PA. It was all a big surprise to me because I never received a notice, a chance for a hearing, or to present any kind of evidence that I owed anything or was eligible. I filed my taxes, and POOF, the money was gone and after a week or so i got a notice for Topic 203 saying what government entity (VA Dept Family Services) took it for delinquent debts flagged on my SSN.
What I'm trying to figure out is if I can get my money back, were they allowed to take it and if was legally accountable in the first place, and how can I get it back? I did some researching of my own with some of the laws pertaining to the my current situation and could only find out that I believe Fairfax County Government illegally took my money because of USC § 3720A which list the procedures before taking my refund. They never notified me or gave me a chance to fight it. Is there a way that I can settle this myself or will I speak with an attorney to get my money back (if I can)?
--Heres some of the specific laws and sections that I believe relate to my situation and hopefully help:
*Food Stamp Act of 1977, § 13. [7 U.S.C. 2022]
*Code of Virginia § 60.2-608.2 Withholding of benefits; food stamp overissuance.
*USC § 3720A. Reduction of tax refund by amount of debt
Any help and advice that you can give will be GREATLY appreciated and I thank all who can help in advance!!What is the name of your state (only U.S. law)?
This year my federal refund got intercepted because of my mom's overpayment of food stamps due to her claiming one of my other brothers in 2006 that didn't live with her (I was told that they are trying to charge her with fraud, but she never appeared for her hearing). When I called the Department of Family Services where I live in Fairfax County that took it, they said that since they could not get the money from my mother that they were allowed to take it from me. During the time period that they are collecting for in 2006, I was 18 and still in highschool. I believe that I would've still been considered a dependent in VA at that time. The lady told me that once I turned 21 in 2008 that they were allowed to pursue me for the debt that my mother owed and since the state already received the money from me this year ($1647, a whole month of pay for me after taxes!!) that they were probably not going to give it back and according to the law that it was allowed.
After talking to my mother, she said that they had already intercepted her tax return once about 2-3 years ago for the same thing. If they did it once (I'm assuming that it's flagged by SSN) from her taxes and she has worked and filed every year since, then why didn't they take it from hers again? I haven't even lived with her or the same state since 2007, with me in the county and state where it happened and her in PA. It was all a big surprise to me because I never received a notice, a chance for a hearing, or to present any kind of evidence that I owed anything or was eligible. I filed my taxes, and POOF, the money was gone and after a week or so i got a notice for Topic 203 saying what government entity (VA Dept Family Services) took it for delinquent debts flagged on my SSN.
What I'm trying to figure out is if I can get my money back, were they allowed to take it and if was legally accountable in the first place, and how can I get it back? I did some researching of my own with some of the laws pertaining to the my current situation and could only find out that I believe Fairfax County Government illegally took my money because of USC § 3720A which list the procedures before taking my refund. They never notified me or gave me a chance to fight it. Is there a way that I can settle this myself or will I speak with an attorney to get my money back (if I can)?
--Heres some of the specific laws and sections that I believe relate to my situation and hopefully help:
*Food Stamp Act of 1977, § 13. [7 U.S.C. 2022]
*Code of Virginia § 60.2-608.2 Withholding of benefits; food stamp overissuance.
*USC § 3720A. Reduction of tax refund by amount of debt
Any help and advice that you can give will be GREATLY appreciated and I thank all who can help in advance!!What is the name of your state (only U.S. law)?