garnishing tax returns

JCGreene85

If ex does his taxes what is the process for getting his return since he is $8K+ in arrears? How does the government know to withhold his return and then how do I get it?

They havent even gotten on his as$ about not paying so I doubt this will happen but humor me

cmanmom

I wish my exH would FILE taxes so they would be intercepted!

Not sure how it happens, but my understanding is that since it is linked to his SS number, that is how it's flagged and then the dept. of cs intercepts it and gets it to you via the regular way you accept child support.

I do also know that if they do intercept it, it doesn't "count" as a payment like it would if it was garnished from his paycheck or if he sent money in (snicker, like that would happen!)

Good luck!

haleyw458

In Kansas, CS is automatically garnished from their wages. But, there was a month between the CS being ordered, and when EX's employer started taking the money out. EX got a notice from Kansas's setoff program saying they would be taking any money he gets from the state and putting it toward this debt.

That's only if the company turned the arrears into the state. They will take the money out, send it to CSE, and I will get that money.

Not sure how you would get any of his federal return though.

BMenz

Check with your CS officer to see if there is any enforcement remedies on your case. If there is one for federal taxes it would be called "Project Intercept" - state taxes would be called "revenue recapture."

If there are either of those on file for your case, they're automatically intercepted by the IRS/State and applied to your case.  

BMenz

cmanmom:

I wish my exH would FILE taxes so they would be intercepted!

Not sure how it happens, but my understanding is that since it is linked to his SS number, that is how it's flagged and then the dept. of cs intercepts it and gets it to you via the regular way you accept child support.

I do also know that if they do intercept it, it doesn't "count" as a payment like it would if it was garnished from his paycheck or if he sent money in (snicker, like that would happen!)

Good luck!

There should be no reason why it's not counted towards arrears/counted as a payment. It's still monies applied to your arrearages. (<-- is that even a word?)

Each year I receive DB's federal and state refunds as well as his renters rebate and they're applied to his current balance due/arrears.  

Mysterious_wife

15 years ago my dad's return was taken. The only way my mom knew was from him.  He filed in Jan. we didn't get the check until late March around my birthday. My dad was only 4 weeks behind. I have no clue on how they IRS knew.

cautionwillburneyes

When you get it I believe depends on if they are filing jointly with someone else or if they are single.  When I was married to my XH they garnished our tax return that first year for his other XW which was shocking to me at the time.  

If the party being garnished is married, the IRS will wait till after the October late file deadline to release the funds to the other party to make sure that the person filing jointly with the person being garnished does not file "injured spouse" to keep their portion of the tax return.  I don't think there is that kind of waiting period if the person being garnished is single.  

cmanmom

BMenz:

cmanmom:

I wish my exH would FILE taxes so they would be intercepted!

Not sure how it happens, but my understanding is that since it is linked to his SS number, that is how it's flagged and then the dept. of cs intercepts it and gets it to you via the regular way you accept child support.

I do also know that if they do intercept it, it doesn't "count" as a payment like it would if it was garnished from his paycheck or if he sent money in (snicker, like that would happen!)

Good luck!

There should be no reason why it's not counted towards arrears/counted as a payment. It's still monies applied to your arrearages. (<-- is that even a word?)

Each year I receive DB's federal and state refunds as well as his renters rebate and they're applied to his current balance due/arrears.  

 

I just mean in the sense of it counting as a payment for purposes as in he hasn't paid for x amount of months and the state was going to take him for contempt (here in WA it's 6 months of NO payments) then the IRS interception doesn't negate that time of no payments. 

Of course the money is applied and goes to you as the custodial parent but it doesn't count the same way as if a payment were sent in or even garnished from an employer.  Same thing goes for if the state dips into a back account, or a lien on property or a car for example.  The money goes to the custodial parent, and the amount is taken off the arrears, but it doesn't "count" the same way as a real payment would because of the way it's taken from the ncp.

Hope that makes more sense

FyreFlyeRush

My ex quit filing taxes when he learned I got his refund. But, 80% applied to his arrears and 20% to his current child support. Same with bonuses.