| Getting the financial support that your child deserves | | | | offset or intercept. Now some states of automated |
| can be a draining ongoing battle for many custodial | | | | this process and will do initiate the offset on your |
| parents. However lets make something very clear, | | | | behalf on their own. With other states, you may need |
| financial child support is the legal right of a child. If you | | | | to notify the court officer who handles your case and |
| are a custodial parent who has a legal court order that | | | | that will prompt them to begin the process. If you have |
| established a set financial obligation from the | | | | any doubts, it is best to call your state child support hot |
| non-custodial parent and that parent is behind in their | | | | line with questions. It's important to do before the start |
| support obligation - there may be some help coming | | | | of tax season, if you wait too long, it may be too late. |
| your way! | | | | 3. I didn't get an offset, why not? : If your case qualifies |
| The state and federal government take the financial | | | | for a tax offset, and your state has requested one on |
| responsibilities of a parent to their children pretty | | | | your behalf - but yet it was not collected or received - |
| seriously, even if the non-custodial parent has manage | | | | there could be one of several reasons to explain this. |
| to dodge the system all year long - tax season | | | | The tax offset program also collects on behalf of |
| represents the one time of year where many parents | | | | other agencies as well, including the Department of |
| receive lump sum payments due to the IRS tax offset | | | | Education for federally funded student loans, IRS |
| program. Now determining whether or not you will | | | | collections, state welfare programs, and some bank |
| receive a tax offset will vary depending on the state | | | | held liens as well. Child support debt may sometimes |
| you live in. Here are a few things you should know: | | | | fall lower on the collection scale depending on the |
| 1. What is a tax offset?: The federal income tax offset | | | | individual situation. For example, welfare debt and |
| program is a program enacted by congress to collect | | | | student loan offsets will always be collected first. Lets |
| delinquent child support via the IRS tax refund of the | | | | say the non-custodial parent in your case is set to |
| obligor. The obligor is typically the non-custodial parent, | | | | receive a refund in the amount of $1400, they are |
| or the one who has been ordered to pay child support. | | | | $1200 behind in child support, but they also have an |
| The child support tax offset program involves several | | | | offset of $1300 for a student loan debt. The entire |
| groups or agencies, including your local child support | | | | student loan debt will be collected first and the |
| agency, the state, the federal Office of Child Support | | | | remaining will be sent to you. |
| Enforcement and the federal government IRS agency. | | | | If the non-custodial parent filed jointly with a |
| 2. How do I collect arrears through a tax offset?: While | | | | new-spouse, there is a 6-month "hold" put on the |
| the specifics of this will vary from one state to the | | | | intercept. Under federal law, the new spouse has the |
| next, if the non-custodial parent has incurred arrears - | | | | right to be refunded the portion that is legally theirs. |
| then your case may be eligible for a tax refund | | | | This 6 month grace period is put in place to allow the |
| intercept. Now as I said before, certain aspects the | | | | new spouse to go through the appropriate channels to |
| collection process differ from one state to the next. | | | | get their portion returned to them. So in this case, |
| Generally speaking, the non custodial parent needs to | | | | monies will still be collected on your behalf, however it |
| be behind by a certain dollar amount or a certain | | | | will be less the new spouses portion and may be held |
| amount of time. Most states require a minimum of | | | | in limbo for as long as six months. If the new spouse |
| $500 in arrears or a total of 4 consecutive payments | | | | does not file their claim within that 6 months, they will |
| behind. If your case meets that threshold, then your | | | | forfeit the rights to it, and you will receive the refund in |
| local child support agency will need to inform the | | | | full. |
| federal IRS agency of their request for an IRS refund | | | | |