If I do not owe back child support but still making payments, can child support take payments from my tax return in California?

[tiremeister]

I am paying child support from every check but I do not owe back child support.  As it is, I just have to keep making my payments to be in good standing with them.  So if I do not owe back child support, can they still collect from my state or federal return?

[SweetieJean]

Only the Child Support folks can answer that.

[tiremeister]

I was afraid someone would say that....  I really do not like talking to those blood-thirsty....  Well...  You get the idea where that is going...  Thanks anyway for the answer though.

[xmasbaby0]

Were you previously in arrears?  Has your refund been seized in the past?

[tiremeister]

No to both

[xmasbaby0]

Then why do you fear they will seize your refund?  Normally that only happens if you are behind and the back child support owed has been reported to the state department of revenue and/or the IRS.

[SweetieJean]

You can always change your withholding so that you get more money during the year, and a smaller refund at tax time.

[macuser_22]

Federal tax offsets for child support are administered by the Bureau of Fiscal Services and always send a letter informing you of any tax garnishments filed against you.   They can tell you if there is a tax offset files against you.   
<a rel="nofollow" target="_blank" href="https://www.fiscal.treasury.gov/fscontact/fs_contact.htm">https://www.fiscal.treasury.gov/fscontact/...>

For the state, you would have to contact the state.

[Opus 17]

Generally speaking, you aren't subject to tax offsets unless you have a past-due debt, and usually you will receive bills and threatening letters first.  Just because you owe child support does not give the state or your ex the right to demand that you pay extra from your tax refund if you are already current in your payments.  Past due amounts can be collected but you will usually know about that in advance.

[tamikinss]

We checked the status of our refund and said it will be offset.  My bf called the child support people and they said they are taking all of it this year to pay back child support even tho he has been paying on it for over 3 years.  He does has back child support and per court order they are taking out extra each paycheck to pay it. He has never missed a payment as it comes right out of his paycheck each week.

They haven't taken out refund in the past years but they are taking it this year and noting has changed.  Payments have been made every month.

I'm not sure what to do or they are taking it this year and didn't touch it the past 2 years of filing.

[Opus 17]

You and your boyfriend can’t have an “our” refund.  You must file separately if not legally married.  If you filed jointly you need to get that fixed.  If he did file a separate single tax return, there is nothing you can do to get back part of the money but at least his debt will be lower.  

[tamikinss]

its his refund, I filled separately but allowed him to claim our daughter on his this year.  We split the refund so its just a habit to say ours.

Even though he is not delinquent? He only had back child support because it took his ex 10 years to finally file. He had been paying her some but the judge didn't care.  So, he has only had a court order to pay for 3 years, in which is has never missed a payment on.  And when we look at the child support website it says that he is not behind on any payments.

I am just confused at to why they are taking it this year but didn't take it the past two refunds he had gotten? Especially seeing as I am having to jump through hoops to get my ex-husband to pay $300 of child support, which the state has sent out a delinquency letter for.

[Opus 17]

I can't explain why the state might be treating two parents differently and I definitely don't know the child support laws of every state.  You would need to ask the agency involved.