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arrears and tax refund

Anonymous
Posted by Anonymous
  • 6 Replies
My ex owes a little over $1,000. In back support. Are they going to take that out of his refund? He pays an extra $100 a month to catch up.His wife is pregnant and they need to use the refund for a down payment for a van. Im fine with him paying back every month. So my question is are they going to have to garnish his refund the arrears amount?
Posted by Anonymous on Jan. 31, 2013 at 8:22 AM
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Replies (1-6):
just_hc
by Gold Member on Jan. 31, 2013 at 8:24 AM

They might.  You really don't have any control over it.  It varies by State but usually if they owe over a certain amount ($500 in Indiana I think) they will intercept the tax return.

boricua3177
by Monica on Jan. 31, 2013 at 8:25 AM

They may or may not depending if the state has put in to garnish tax refunds.  There is a form the IRS has called Injured Spouse Claim (form 8379) that he can file with his taxes so that the wife's portion of the refund does not get intercepted.  Most states have a similar form for the same reason.  He just has to file it together with his taxes. 

WickdlySweet
by Bronze Member on Jan. 31, 2013 at 8:25 AM
In my state, they garnish tax refunds for arrears over 500, even if the cs is being paid regularly.If a portion of the refund is from you're own income, you can file injured spouse so they only take his portion.
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angie729
by Ruby Member on Jan. 31, 2013 at 8:27 AM

If he pays through child support enforcement they will flag his social security number and they will send you the amount of arrears he has out of his refund and the remaining balance to him. If his refund amount is less than what he is behind in arrears they will send that to you and he will not get anything back.

Anonymous
by Anonymous 1 - Original Poster on Jan. 31, 2013 at 8:32 AM
Ok thanks ladies. His wife doesnt work so filing a paper to keep her portion probably wouldnt help. If they take it i want to give the money back and arrange for him to just do $100 cash a month but my husband would be very pissed if i do.
darcibeisheim
by Silver Member on Jan. 31, 2013 at 9:47 AM

 it depends on if your local child support has filed to intercept his returns..

 

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