How to Stop Child Support from Taking Tax Refunds
The tax refund season spells great news to most people, but not if you owe back child support. The IRS may intercept your refund and use it to offset the arrears. Wondering how to stop child support from taking tax refunds? DoNotPay can help you avoid this predicament.
Sometimes the government may wrongly intercept your tax refund or seize the wrong amount. DoNotPay can help you challenge the government's claim to your tax refund. We can contact the IRS on your behalf and make strong arguments against the tax refund seizure.
How the Federal Tax Refund Offset Program Works
The Federal Tax refund program allows state child support enforcement agencies to forward the names of parents with child support arrears to the Treasury Department. The IRS can intercept tax refunds and use the money to cover overdue child support using this information. The IRs Intercept the money then passes it to the relevant child support agency.
The state will only intercept your tax refund if the child support case meets the certain minimum thresholds:
- You must owe at least $150 if the child support recipient is on state benefits.
- You must owe at least $500 if the child support recipient doesn't receive state benefits.
If you meet the minimum requirements of the federal tax offset, your state child support enforcement agency may report you to the Treasury Department. The agency submits your name, social security, and the amount owed to the Federal Office of Child Support Enforcement. The agency compiles the list to the Treasury Department's Financial Management Service.
The Treasury Department will send you a Pre-Offset Notice informing you of the impending tax intercept. The notice details the process, the amount of back child support owed at the time of the notice, and other penalties that may stem from the Federal Tax Refund Offset.
The Pre-Offset Notice also includes information to help you contest the amount owed. The agency that submits the case usually receives the intercepted tax refund within 2 to 3 weeks. However, the state may hold the money from a jointly filed tax return for six months.
After intercepting the tax refund, Treasury mails a Notice of Offset explaining the amount of the federal tax return intercepted. The government may seize all or part of your tax refund to cover the child support arrears. If your refund is higher than the amount owed, the Treasury will send you a check with the remaining amount.
How to Stop Child Support From Taking the Tax Refund by Yourself
If you believe that the government has wrongly intercepted your tax refund, you can challenge the seizure. You can send a request to the IRS to hear your case. The IRS provides a contact number on the Pre-Offset Notice you received.
However, you must have a strong argument before challenging the tax refund seizure. Often, it's advisable to seek out legal advice. If you can't afford a lawyer, you should back your argument with tangible evidence.
There are several grounds for challenging the government's claim, including:
- You don't owe back any child support
- The amount of refund seized is incorrect
- You're a victim of identity theft
- You're undergoing significant financial hardship
- You have a permanent disability
- You've fully repaid your debt
You need to provide documents that back any claim when contesting a tax refund seizure. The outcome of your appeal hinges on your ability to paint a clear picture of your financial hardship. Any oversight may lead to a denial, and your tax refund is forwarded to the child support agency.
Next Steps for Lowering Child Support Payments if You Can’t Do It Yourself
Contesting a tax refund seizure is a delicate undertaking that requires a concrete argument. You need to pick the most relevant argument against the government's claim and back it up with irrefutable documents. You have a better chance of success if you have a team of seasoned professionals in your corner.
Traditionally, contesting a tax refund seizure required hiring a lawyer. Unfortunately, most affected non-custodial parents can't afford to hire one. DoNotPay tips the scale in your favor. We have a dedicated team of skilled professionals who are highly conversant with child support matters.
Upon signing up with DoNotPay, our team of professionals take over your case, examine its unique circumstances, and craft the most compelling argument. We use the evidence you provide to contest the tax refund seizure, and we have many successes under our belt. Better yet, we can even help you lower the amount of child support you pay every month to ease your financial burden.
How to Lower Child Support Debt Using DoNotPay
Speed is of the essence when contesting a tax refund seizure. You have at most three weeks to contest the seizure before the IRS forwards the fund to the relevant child support agency.
- Search child support on DoNotPay and enter the details of the person who owes the payments.
- Tell us more about the payment schedule, including the amount and frequency of the payments, the last payment they made and number of missed payments, and how much they owe you in total.
- Confirm your contact information and select whether you want us to mail or email the letter on your behalf. Choose how you would like to receive the payment and verify your signature.
Why Use DoNotPay to Contest Tax Refund Seizure
At DoNotPay, we understand that most non-custodial do their best to make payments. Sometimes you may run into financial headwinds and fall behind. Don't get punished for it. Besides helping you contest tax refund seizures, we can help you lower your monthly child support amount as well.
We've simplified the entire process to make it:
- Fast – You don't need to spend hours figuring out how to contest tax refund seizures.
- Easy – You can now contest child support arrears and tax refund seizures in three simple steps.
- Successful – You can rest assured you have a dedicated team of professionals handling your case.
What Else Can DoNotPay Do?
DoNotPay understands that child support is a delicate subject with far-reaching consequences. As a result, we tailor our services to help both custodial and non-custodial parents navigate this challenging territory.
We can help you with:
- Child Support Issues
- Child Support And Taxation
- Child Support Advice
- Child Support Arrears
- Length Of Child Support Duration
- Understanding Child Support
- Consequences Of Child Support Arrears
- Back Child Support
- Child Support Requirements
- Child Support Duration
In addition to this, DoNotPay has child support guides by state including: