IRS refund offset

[espi3030]

I am a man who had a son 16 years ago, for the fist 7 years of his life I was his father.  His mother and I divorced and she has custody, after the divorce I paid Child Support for the first year.  I then separated from the military and my pay decreased, unfortunately I fell behind on some payments.  Last year the IRS offset my refund due to arrears, which I completely understand and accept.  God has blessed me with a new job that pays better and I can now afford to pay my child support, even a little more to catch up!  My dilemma is, my refund will be offset again this year.  I have called Child Support Services of California (where my son lives) to request the offset be removed, they referred me to the IRS.  I have spoken to the IRS on several occasions, they refer me back to CSS of California.  I am in the process of filing bankruptcy (not to avoid paying child support), I have also fallen behind on my mortgage (close to foreclosure!).  It seems soo unfair for some one who has fallen on hard times not to be able to get ANY help from ANYWHERE!  I want to do the right thing!  I am ready and able to pay now!  I just need a little hand getting on my feet, the refund would save my house.  Is there anyone out there that can help me?  Lead me in the right direction on how to prevent my refund from being offset? Thank you.

[ocean]

You can not change this year. They will get it BUT change your deductions at work so you get more in your paycheck and then you will not get a refund next year until this is all settled. (if you claim zero ...claim one...). Until your child gets to be an adult you should keep it like this so they will never just keep it.

[wendl]

If you are in arrears and file a tax return, they will intercept it for back child support. That happened to us until we got caught up and I had to file and injured spouse form every year so I could keep my portion of our taxes and they took my hubby's portion.

Thankfully we are no longer in arrears.

The IRS and CS office doesn't care if you fall on hard times, sad to say.

Good luck.

**These are my opinions, they are not legal advice**

[Davy]

I have a friend/neighbor named Frank.  Frank is either in a fairly long term 2nd marriage or relationship and is generally a happy-go-lucky fella so we're normally joking around.  I would estimate his age at 62 - 65.  So one day as I'm driving down the street Frank looks up and smiles broadly.  Of course I'm thinking Frank has a good joke he wants to share and I pull over and ask him so what's up.  

Frank says he just made his last child support payment.  

So I responded "OK I'll bite...how old is your child".

Frank says "He'40".  

Noting he was serious I inquired how that happens.  When he was younger and in his first marriage he made a lot money but traveled all the time and had IRS problems to pay 40K underpayment in monthly payments.  The wife would write checks to IRS but they did not receive any payments (she pocketed unknown to Frank).  In the midst of all of this they divorced and somehow CS and IRS got mixed together and Frank stretched it out as far and as long as he could.

[5mom]

Hi!   Did they send you a notice last year (usually around October or November) that they would offset your return this year?

If not, they cannot, by law, take your return.
Now we all know that doesn't mean they will not, but you can fight it.   We successfully fought this several years ago.   and if you a search in the articles on this site, I believe I wrote an article about refund offsets, just do a search and see if it comes up it tells you step by step (sorry I'm typing with a toddler on my lap now, trying to keeep this short LOL)

but refer to these federal statutes


42 U.S.C 664

and 31 U.S.C. 3716    

and then the laws within your state as well pertaining to offsets for child support.

they must send notice to you.   and, for future reference, when they send a notice this year, reply to it requesting the review as well.... and if they ignore your request they cannot take your refund next year.

hope this helps a bit

:hug:

jamie