Tax refund interception

[IceMountain]

I posted this to Soc, but wanted to get other opinions, etc.

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?

[iLUVmySD]

So just to confirm, you did not owe any arrears whatsoever at the end of 2006? (Even if you were current on the support payment.)

My husband's case is similar on a few points; however we were successfully able to gain primary custody and he does not owe current support, but he still has a balance which works out to be 6 months of support he still owes.

The Nevada CSE (where original CS order was obtained and BM still lives) has been intercepting our return for about 4 years now.  We did not receive notice the first time prior to the interception.  And I don't really have an answer for your first question, but I am an "expert" on filing the injured spouse form 8379.  We have lived in Arizona for the past 6 years, and because Arizona is a community property state, the IRS has to allocate our wages according to the state law to determine my portion of the return.  The last year our return was intercepted, for example, we were refunded the entire return.  This year our return was also intercepted.  I have already filed the form, and it takes about 8 weeks to process when filed separately from the tax return.
Hope this helps.  Good luck.