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Does being behind on child support impact a tax refund?

Being behind on paying child support in Colorado is a difficult issue for the parents and the child. The receiving parent will generally need the payments to make ends meet and provide proper care for the child. The paying parent will face various sanctions should he or she fail to live up to the obligation to pay child support on time and in full. There are sometimes unavoidable challenges in life that make it difficult for the paying parent to keep current.

Regardless, the payments must be made. If there is no other alternative, the state will initiate various strategies to get the payments. With tax time approaching and many set to receive a refund, it is important to understand when a tax refund offset can take place. With the Federal Tax Refund Offset Program, tax refunds will be collected to pay for past due child support payments. There are several agencies that take part in this collection effort including Child Support Services, the Federal Office of Child Support Enforcement, and the Internal Revenue Service.

If the amount in arrears is at least $150, the tax refund will be intercepted. Parents who want to avoid this refund being intercepted have one alternative: pay what is owed and pay it in full. For some parents, both spouses earned money that warranted the refund. The spouse who is owed support can get some of the refund back if it is proven to belong to that person. There is a form to file to get that payment. For parents who have made their payments but still find that their tax refund was intercepted, it might be linked to the time of year when it was paid. The paying spouse will get that refund once the case is updated.

For those eagerly awaiting a tax refund, it can come as a surprise when it is intercepted to pay past due child support. The interception of this refund is done only so the child support can be paid in full. When there is a dispute about the amount that is owed, the need for a modification, or a parent who is owed support has not received it and wants some action taken, calling a family law firm can be useful to get the child support payments.

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Mary Kay Kramer, P.C.
1820 West Colorado Avenue
Colorado Springs, CO 80904

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