So what happens to the money that was intercepted or offset? It does not automatically get delivered to the person who is owed the child support. It does not automatically get delivered to the person who is owed the child support. Justice Matters: The Tax Trial Of Martin Luther King, Jr. HSA Tax Deductions: Using Your Healthcare For Tax Breaks And Retirement, Learning From Celebrity Tax Problems To Save You Time And Money, the Food, Conservation, and Energy Act of 2008, Answers To Your Stimulus Check Questions About Kids, Child Support, Direct Deposit, ITINs & More, Taxpayer Advocate Announces New Stimulus Check Tool. Years ago, I found myself sitting in law school in Moot Court wearing an oversized itchy blue suit. My DH never missed a payment. The remainder of the check after the offset, if any, is sent to you (the person who owed the debt). If you need help getting child support case dismissed email me @ Yahismagnified@gmail.com. Opinions expressed by Forbes Contributors are their own. That means your child support is still due. The CARES Act made clear that the only reason that a stimulus check might be offset was for past-due child support. DOR submits names to the IRS based on the amount of past-due child support a parent owes as follows: The same relief is available for those whose stimulus check is impacted by a spouse who owes child support debt. Now, his stimulus check and tax refund will also be garnished. There is no reduction or other exception available, even for economic hardship. If you don’t reach a resolution, the agency can send the information about your debt to TOP. Here Father owes $1000 in back support (arrears). How much of my stimulus check can be seized? Does the same rule apply to stimulus checks? Examples of federal debts that might trigger offsets include federal income tax delinquencies and, , the government gave itself the right to chase taxpayers for old debts indefinitely. This is a popular misconception and one that has confused folks with respect to the stimulus checks. It's referred to as "offset" since the seizures are part of the Treasury Offset Program (TOP); the program is administered by Financial Management Service, a branch of the U.S. Department of Treasury. TOP can only give you the contact information for the federal or state agency attempting to collect the debt. The money is then disbursed to the proper recipient (like the custodial parent). If your state child support enforcement office has reported your overdue child support to the Treasury Department, the IRS will take your tax refund to cover the arrears (often called a tax refund seizure). Press Esc to cancel. If your name pops up, your payment is offset by all or part of the amount you owe to pay your debt. Since the program was enacted through 2010, it has collected over $29 billion in past-due payments from mor… Ask Larry: Can My Wife Claim Social Security Spousal Benefits On My Record If She Files At 62? If You Don’t Have It - Get It. It has long been the case that if you owe money, your federal income tax refund can be seized to satisfy your debt. CSS recommends that you do not send cash though the mail. The red flag is that i pay $25 a month for child support and i'm just wondering what this refund is all about. If you have concerns about the status of a debt or an offset, you can call the TOP Call Center at 1.800.304.3107. In a desperate attempt to avoid anything. If you owe money to a government agency, the agency is supposed to give you notice and allow you to resolve or dispute your debt. Items that are commingled, such as interest earned in a joint bank account, would be divided equally. Your name and the amount owed is input into the TOP database. How does this apply to my economic impact payment (EIP), or stimulus check? It does not automatically get delivered to the person who is owed the child support.This is a popular misconception and one that has confused folks with respect to the stimulus checks. In the Food, Conservation, and Energy Act of 2008, the government gave itself the right to chase taxpayers for old debts indefinitely. States can ask the Internal Revenue Service (IRS) to intercept, or offset, federal tax refunds for state tax obligations or money owed to state agencies: this includes the state’s child support enforcement office’s authority to collect on child support arrears. I'm not a lawyer, I do not practice law. After the offset, Treasury will mail a Notice of Offset to you explaining that all or part of your federal tax refund has been intercepted because of the support debt. The CARES Act made clear that the only reason that a stimulus check might be offset was for past-due child support. The child support agency will submit your case to the Federal Tax Refund Offset Program if it meets either of these criteria: Your entire stimulus check can be offset, up to the amount of your child support debt. The second stimulus payment doesn’t come with the same rules as the first. This typically happens when the tax ID number of the person responsible for the tax liability triggers an offset of the entire refund. I just recieved a check from NYS Child Support Processing Center for the amount of $565.46. Your entire stimulus check can be offset, up to the amount of your child support debt. What’s Section 230 And What Does It Have To Do With The Stimulus Checks? However, if … But if the offset is from a jointly filed tax return, the state may hold the funds for up to six months before it's distributed. When the refund (or stimulus check) is intercepted, it is not simply mailed or deposited to the person who is owed child support. Your share is determined by a formula: it's not necessarily a 50/50 split. After the offset, Treasury will mail a Notice of Offset to you explaining that all or part of your federal tax refund has been intercepted because of the support debt. Is it always an even split? It was a horrible experience. If you owe money to a government agency, the agency is supposed to give you notice and allow you to resolve or dispute your debt. But even if they were together, if DH … The money is then disbursed to the proper recipient (like the custodial parent). The IRS uses the allocation to determine which portion of the refund, if any, would be due to an injured spouse. If so, that can lower the amount you owe. The federal office then makes a list of those cases that are eligible for the Federal Tax Refund Offset Program. It's a tough cookie to bite. If you are entitled to injured spouse (not to be confused with innocent spouse) relief, you may be able to get your share of the tax refund released to you. And the easiest way to do it is through an offset. the Food, Conservation, and Energy Act of 2008. It’s referred to as “offset” since the seizures are part of the Treasury Offset Program (TOP); the program is administered by Financial Management Service, a branch of the U.S. Department of Treasury. This is Yahismagnified first video of 2021 and starting it off with a Refund Check. It was a horrible experience. I don’t agree with this: who can I call? TOP also has a catch-all that allows them to collect from federal payments that are otherwise not exempt by law or by an action of the Treasury. There is no reduction or other exception available, even for economic hardship. When the refund (or stimulus check) is intercepted, it is not simply mailed or deposited to the person who is owed child support. 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