S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Tax refund interception  (Read 2287 times)

IceMountain

  • Jr. Member
  • **
  • Posts: 160
  • Karma: 0
    • View Profile
Tax refund interception
« on: Mar 03, 2007, 08:51:07 PM »
Soc,
My child support order is in the state of Iowa and I live in Wisconsin.  I found out on Friday from the Iowa Department of Revenue that CSRU intercepted my tax return so I called them to question what happened.  I was told that they had indeed intercepted it, but the phone rep could not find in the case notes where a notice was sent to me or even why the return was intercepted.  I did not receive notice they were intercepting.  

I am not delinquent in my child support now and I was not delinquent at the end of tax year 2006.  The rep said she would send the info to my worker to see if they could get the hold released, or at least release my wife's share of the return.

The CSRU website states that they must give notice when they inercept a return and that an appeal must be filed within 15 days if I disagree with the interception.

1.  Do I have any legal ramifications against CSRU for not following procedure in notifying me that the return was being held?

2.  Any other advice?


socrateaser

  • SuperHero
  • *****
  • Posts: 5728
  • Karma: -2
    • View Profile
RE: Tax refund interception
« Reply #1 on: Mar 04, 2007, 03:18:30 PM »
>The CSRU website states that they must give notice when they
>inercept a return and that an appeal must be filed within 15
>days if I disagree with the interception.
>
>1.  Do I have any legal ramifications against CSRU for not
>following procedure in notifying me that the return was being
>held?

Depends on the basis for the interception. If you were never in arrears during any of the time leading up to the interception, then that would probably be negligence on CSRU's part, because the agency has a reasonable duty not to take money to which a support obligee is not entitled. Otherwise, it's probably just an accident, and you couldn't sue on it.

2.  Any other advice?

Change your W4 so that you never have a refund due. You can owe the IRS up to $1,000 at the end of a tax year and not incur a penalty. So, even if you think you will owe that money, it's better to keep it in an interest bearing account than to give it to Uncle Sam, because you're giving the gov. the interest that you could keep for yourself.

The trick is, of course, to not spend the money, so that you can keep the interest income and still pay your taxes. Otherwise, if you spend the dough, then that makes you a ______ (fill in blank with word = stupid).

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.