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Tax Offset Program Part Duex???

Started by socrateaser, May 19, 2004, 02:16:54 PM

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ChinaClipper

I'll try this again.....Been away forum for a while until I received a T.O.P. notice from the IRS claiming they were going to withhold my tax return for being"delinquent". I am the father of a 13 year old daughter that resulted from a brief encounter w/BM, both of whom reside in Illinois, Colorado is where Support Order and Paternity were established. Monthly support was set, I also agreed to pay back support for the 11 years BM never told me about daughter.
             

I have paid the Monthly Support and the "arrearage" (to be paid back over 24 months) for the last 18 months, on time. Kinda irked that the CSE instigated the TOP when I was paying on time and will cause my spouse's portion of the return to be further withheld until Injured Spouse paperwork can be filed, this will delay the return for 6 months minimum.  In 6 months the "arrearage" (the back support I agreed to pay) will be Paid in full.    
    Questions:
    1) Why is CSE instigating a T.O.P. on my return when I have been paying on time an in complience with the Support Order?
    2) Why is both CO AND IL coming after me? Matching funds from Uncle Sam?
    3) Is there a distinction between "Back Support" and "Arrearage" and "delinquency"? It seem to me that a NCP who is not paying to comply with a Support Order would be treated diffrerently than someone who voluntarily pays support before paternity was established..Thoughts?
    BTW After dealing with the CSE, I am considering a JD, any good Bay Area Law Schools??? ;)

socrateaser

>    1) Why is CSE instigating a T.O.P. on my return when I
>have been paying on time an in complience with the Support
>Order?

CSE  can do it, so they do it.


>    2) Why is both CO AND IL coming after me? Matching funds
>from Uncle Sam?

I see nothing in your facts regarding the actions of the different states.

>    3) Is there a distinction between "Back Support" and
>"Arrearage" and "delinquency"? It seem to me that a NCP who is
>not paying to comply with a Support Order would be treated
>diffrerently than someone who voluntarily pays support before
>paternity was established..Thoughts?

The distiction is only where a judgment of arrears exists. If your arrearage has been liquidated into a judgment, then the sheriff can be employed to execute against your assets to recover the arrears.


>    BTW After dealing with the CSE, I am considering a JD, any
>good Bay Area Law Schools??? ;)

Bay area? Your facts suggest that you are in Illinois! If you mean San Francisco Bay area, then Berkeley Law School is the best, followed by Stanford, followed by Hastings. In the real world, no one gives a rip what school you go to. What matters is whether you know your !@#$.