Getting back tax return applied to CS you don't owe

[stepmom2morgan]

My dh is behind in CS so they garnished our tax return.  No big deal except they did not immediately apply it to his arreage.  They say they have to wait 6 months because, as his spouse, I have 6 months to fight it.  I don't want to fight it but there doesn't appear to be any way for me to make that clear to them.  So there is $1900 out there just floating around.  BM doesn't get it, we don't get it.  It's so stupid I could scream.  Anyway, we plan to have at least half of what he owes paid down way before the 6 months is up.  I don't think we will owe nearly $1900 by the time they can apply it.  So my question is what happens to the money that is left over from that $1900 after they apply what's necessary to clear his arreage?  Say there's $500 left over.  Will we get that back or will they credit it to his account or what?  BTW, we live in Ohio.  Thanks!

Best Wishes,
stepmom2morgan

[flewwellin]

I know in my state (NC) they can do both.  You can just leave it as a credit or sometimes the judge may order the CSE to give you a refund.

[stepmom2morgan]

How do you get the judge to order them to do that?

Best Wishes,
stepmom2morgan

[flewwellin]

You actually have to file a motion to discuss child support and then speak with the judge about it.  Usually if the parent has fallen into arrears that could have been preventable (in the courts eyes that is) they tend to make the CSE apply it as a credit.  Other judges instruct them to send it back as a refund.  

[Forthelittleones]

Not in OH.  This happened to us a couple of years ago.

They will apply it to any arreages you owe and then they will refund the rest to you.    CSEA procedure is just this and if you call your caseworker they will alert you when the money is released to your account.  Then Columbus will send you a check.

What county are you in?

[Sunshine1]

sign a release form that I do not contest it and ours was immediately applied to arrearages BM accrued in welfare whenthe children lived/still livewith US..figure that one out!

Anyway we are in MN and that is what I had to do.

[stepmom2morgan]

We are in Miami County

Best Wishes,
stepmom2morgan