• 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.

Child Support-Offset Program

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

DemoSTL

Junior Member
What is the name of your state? MO

I am currently paying past-due child support and in the past have been in the offset program but they did not take my federal refunds only the state. My question is of a few.

I support a child living in my home (not a child of the past due support) and my filing status and child tax credits claimed on my return is the result of the refund, of course if I didn't claim him the refund would not be as high. Maybe I'm wrong for thinking that filing status and child credits should not be used for the past-due support and forwarded to the petitioner of the order? I just seems wrong the petitioner benefits from my son.

And will the offset program forward to child support the tax relief check being sent out this year? Do they get that also?

Of course I'm not happy right now. I was looking forward to my refund, they have not in 6 years forward my federal refund to the petitioner, not the case this year.

Thank you for your time,
Laura
 


Zephyr

Senior Member
What is the name of your state? MO

I am currently paying past-due child support and in the past have been in the offset program but they did not take my federal refunds only the state. My question is of a few.

I support a child living in my home (not a child of the past due support) and my filing status and child tax credits claimed on my return is the result of the refund, of course if I didn't claim him the refund would not be as high. Maybe I'm wrong for thinking that filing status and child credits should not be used for the past-due support and forwarded to the petitioner of the order? I just seems wrong the petitioner benefits from my son.

And will the offset program forward to child support the tax relief check being sent out this year? Do they get that also?

Of course I'm not happy right now. I was looking forward to my refund, they have not in 6 years forward my federal refund to the petitioner, not the case this year.

Thank you for your time,
Laura

I understand your being frustrated about not getting a return that you had been looking forward to, but the situation could have been avoided had the support been paid on time.

I'm sure the other parent had been looking forward to receiving support in a timely manner as well
 

Gracie3787

Senior Member
What is the name of your state? MO

I am currently paying past-due child support and in the past have been in the offset program but they did not take my federal refunds only the state. My question is of a few.

I support a child living in my home (not a child of the past due support) and my filing status and child tax credits claimed on my return is the result of the refund, of course if I didn't claim him the refund would not be as high. Maybe I'm wrong for thinking that filing status and child credits should not be used for the past-due support and forwarded to the petitioner of the order? I just seems wrong the petitioner benefits from my son.

And will the offset program forward to child support the tax relief check being sent out this year? Do they get that also?

Of course I'm not happy right now. I was looking forward to my refund, they have not in 6 years forward my federal refund to the petitioner, not the case this year.

Thank you for your time,
Laura

Do you have a spouse who earned and claimed income on a joint return?
If so, your spouse can file an injured spouse form and recieve THIER PORTION of the refund. Any portion that IRS deems is yours will be sent to the state for the arrears.

Same thing goes for the rebate check.
 

DemoSTL

Junior Member
I understand your being frustrated about not getting a return that you had been looking forward to, but the situation could have been avoided had the support been paid on time.

I'm sure the other parent had been looking forward to receiving support in a timely manner as well

I don't see any advise or answers to my questions, but to answer yours, timely manner was not an issue. I was making child support payments directly to my ex-husband for my boys, he enforced it when his new wife was slapped with an order from her mother for her daughter. My ex-husband slapped me when my boys were in their late teens. I do not collect or enforce support on my 15 year old son from another father, it's such a vicious cycle. Anywho, I'm a single mother and have been since since 1992 so there is no injured spouse.

The tax relief checks being sent this year will he get that too?
 

LdiJ

Senior Member
I don't see any advise or answers to my questions, but to answer yours, timely manner was not an issue. I was making child support payments directly to my ex-husband for my boys, he enforced it when his new wife was slapped with an order from her mother for her daughter. My ex-husband slapped me when my boys were in their late teens. I do not collect or enforce support on my 15 year old son from another father, it's such a vicious cycle. Anywho, I'm a single mother and have been since since 1992 so there is no injured spouse.

The tax relief checks being sent this year will he get that too?

The person who claimed the child on their tax return will be the person who receives the stimulous payment.

The bottom line is that you have child support arrearages and the state has the right to seize your federal refund to cover thoses arrearages. If this year's didn't pay the arrearages off completely, expect it to happen again next year.
 

Zephyr

Senior Member
I don't see any advise or answers to my questions, but to answer yours, timely manner was not an issue. I was making child support payments directly to my ex-husband for my boys, he enforced it when his new wife was slapped with an order from her mother for her daughter. My ex-husband slapped me when my boys were in their late teens. I do not collect or enforce support on my 15 year old son from another father, it's such a vicious cycle. Anywho, I'm a single mother and have been since since 1992 so there is no injured spouse.

The tax relief checks being sent this year will he get that too?

that makes no sense...and it makes no difference, it's your responsibility to pay support, some amount of support at some time was not paid by you...you are in arrears enough that it's affecting your tax return, while it's unfortunate, it was avoidable
 

TheGeekess

Keeper of the Kraken
According to the IRS:

"Q. I'm eligible for a payment but I still owe federal income tax from a prior year. Will my payment be reduced?

A. Yes. For this purpose, the stimulus payment is treated like any other tax refund. This means that part or all of your payment can be used to pay past-due federal or state income taxes or non-tax federal debt such as student loans and child support. If this occurs, you will receive a letter explaining how the stimulus payment was applied."

http://www.irs.gov/newsroom/article/0,,id=179181,00.html

Bolded for emphasis
 

DemoSTL

Junior Member
According to the IRS:

"Q. I'm eligible for a payment but I still owe federal income tax from a prior year. Will my payment be reduced?

A. Yes. For this purpose, the stimulus payment is treated like any other tax refund. This means that part or all of your payment can be used to pay past-due federal or state income taxes or non-tax federal debt such as student loans and child support. If this occurs, you will receive a letter explaining how the stimulus payment was applied."

http://www.irs.gov/newsroom/article/0,,id=179181,00.html

Bolded for emphasis

That's what I thought. And I know how to fix things.

Zephyr remember, people will judge you by your actions, not your intentions. You may have a heart of gold — but so does a hard-boiled egg.
 

CourtClerk

Senior Member
That's what I thought. And I know how to fix things.

Zephyr remember, people will judge you by your actions, not your intentions. You may have a heart of gold — but so does a hard-boiled egg.

I happen to love hard boiled eggs AND Zephyr!!!:D
 

TinkerBelleLuvr

Senior Member
That's what I thought. And I know how to fix things.

Zephyr remember, people will judge you by your actions, not your intentions. You may have a heart of gold — but so does a hard-boiled egg.
You came here for LEGAL advice. There are consequences to all actions. If your X meant to waive the child support, he should have waived them to CSE - and modified the order to reduce the amount. He didn't, therefore you owe.

PS - hard boiled eggs and Zephyr are wonderful!!!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top