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  1. #1
    Join Date
    Feb 2008
    Posts
    2

    Default Tax Refund Offset

    I live in NJ and my ex-wife is the custodial parent living in KY. I have been paying child support through a court ordered wage garnishment to NJ for the past 10yrs. This year Kentucky filed a judgement against me and seized a large portion of my federal tax return due to non-payment of child support to them. I am unsure of how they are able to do this since I am not in arrears to NJ and there has been no modification to the support order that was originally put in place by NJ. In addition to the tax return seizure, KY also froze my passport and placed a personal judgement lien against me. Any assistance and/or advice will be greatly appreciated as I find it hard to believe that I'm the only one that is getting unfairly labelled as a delinquent.

  2. #2
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Tax Refund Offset

    Do you know for a fact there has been no modification of CS? Are you in contact with mom?
    Has your CS ever changed over 10 years?
    Your best bet would be to call whatever KY calls child support services, and ask them what's up. Request documentation.
    It's highly unlikely they would seize your money for no reason. They must at least think you owe them money.

  3. #3
    Join Date
    Feb 2008
    Location
    WV
    Posts
    115

    Default Re: Tax Refund Offset

    You need to find out if it is a possiblity that NJ is collecting the support and not turning it over to KY. I have heard of that happening. You should have been recieving monthly statements from NJ stating what they took as well as have a record of that on you paystub if they are directly taking it out of the check. If you take your monthly statement copy it and your paystub copy that and call ky and get an address to send the papers showing them you are paying and thier problem is with NJ not handing it over not you. Also if possible call they ex and ask her if she had been receiving it all along.

  4. #4
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Tax Refund Offset

    Kentucky took it out of your Federal taxes, which would indicate an increase at some point(seeing as how that's where mom lives), and for whatever reason, your employer never got the paperwork?
    Maybe mom got a default judgment because she either couldn't find you, or said she couldn't find you.
    If that's the case, and you haven't been hiding ( How could you be with the paycheck garnishment ), then you may have a case to abolish the interest and fees you owe.
    But your first step is to call KY child support office.

  5. #5
    Join Date
    Feb 2008
    Posts
    2

    Default Re: Tax Refund Offset

    This was done by Kentucky since they do not recieve verification from NJ that the account is paid directly to the custodial parent that lives in KY. So they are collecting money in a NJ Child Support Case that is actually overpaid by $355 since NJ pays the custodial parent directly and bypasses them. It was not due to a modification or change in the original order and Kentucky has flat out told me that they are going to hold the money as collateral against any future arrears. What a wonderful system we have that penalizes people that pay.

  6. #6
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Tax Refund Offset

    hold the money as collateral against any future arrears

    I don't see how that can be legal.

  7. #7
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Tax Refund Offset

    Quote Quoting Dad2
    View Post
    hold the money as collateral against any future arrears

    I don't see how that can be legal.
    It isn't and the OP should see an attorney ASAP.

    That would be the same as arresting someone because they MIGHT kill someone 30 years down the road, that kind of thing is simply illegal in this country.

  8. #8
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Tax Refund Offset

    Just FYI - In CA they can collect child support in advance...

    4560. ... every order or judgment to pay child
    support may also require the payment by the child support obligor of
    up to one year's child support or such lesser amount as is equal to
    the child support amount due to be paid by the child support obligor
    between the time of the date of the order and the date when the
    support obligation will be terminated by operation of law. This
    amount shall be known as the "child support security deposit."

  9. #9
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Tax Refund Offset

    First, the OP is not in CA. Second, that statute is so very rarely used that it's not even worth mentioning. In fact, in all my years with the court, and with all my years working in CSSD, I've never seen it done. Never.

  10. #10
    Join Date
    Jan 2008
    Posts
    1,948

    Cool Re: Tax Refund Offset

    I know the OP is not in CA - I'm giving an example of support being taken in advance being legally allowable.

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