Child support offset

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  • #4345233 Reply
    Sally

      Filed jointly. Husband owes $3000 in back Child support. Refund amount is $11,000. Efiled 1/29/2020. Called to offset line he does have offset for the child support. I sent in a paper IS form 1/31/2020. Will they just take the $3000 then disburse the $8000 and then process the IS and issue my part of the $3000 back to me?
      And does the offset delay the remaining balace being issued to us?

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      Replies
      • #4405446 Reply
        Brandi
          @brandi82fl

          Basically, the IRS calculates each individuals tax liability and the portion that is assigned to the spouse owing arrears gets offset, the rest goes to the injured spouse as long as you filed form 8379. That is why you have to fill out the worksheet showing each person’s portion of the tax return information. You can read the topic here on the IRS website, but this pretty much summarizes it. https://www.irs.gov/irm/part25/irm_25-018-005

        • #4396442 Reply
          Jade Smith

            So my question is my child’s father is 28000 in arrears and works for cash and my other sons (please no judgement) is about 2000 in arears. Will that be added to our stimulus checks for this virus stimulus check stuff?

          • #4395620 Reply
            Daniella8602

              If you are the IS and file form 8379, then the EIC is not subject to offset. So if you had EIC then that will all come back to you. I just did my form…took the whole 8k from our refund for past due child support…husband is incarcerated so he ended up with arrears…obvi.. I got my fill EIC back and then 1/2 of the other credits. Since I’m in Texas which is a Community Property State other credits that are not EIC are split in half. And that part went to his debt.

            • #4374789 Reply
              Ivn

                As long as your current with arrears and current support order you should be fine.

              • #4368387 Reply
                ~Sadie LAdy~
                  @merkitaminasi

                  Did anyone update with more info?

                • #4357123 Reply
                  ~Sadie LAdy~
                    @merkitaminasi

                    Tax topic 203 usually shows up once the refund is approved and you’ve been given a DDD. I wouldn’t depend on the TOP hotline too much since it has been unreliable in the past.

                  • #4353501 Reply
                    Amanda
                      @amandar

                      Lengthy post but a couple of quick questions:

                      When calling the TOP hotline which option to I choose to find out about child support offsets?

                      My fiance and I fully expect his entire refund to be taken do to back child support (which is fine, he owes it) but when we’ve called and chosen option one it says they have no offsets for his ssn. I thought it was a government debt since it’s court ordered? Anyway the line seems to be down now so I can’t check option two.
                      He received a letter in August stating how much he owes and that they intend to take it. That’s why we’re pretty positive they will. I just feel like it should already be in the database. He’s currently paying child support twice a month and they take his whole check. I don’t think that would make a difference though as they still want past money owed.

                      My other question is if it’s being offset would tax topic 203 already show on WMR? Right now it just says his refund is being processed and has tax topic 152. Will it pop up later?

                      I had some of my refund taken last year for student loans but it was unexpected so I hadn’t paid attention to the tax topics.

                      We live off of his tips all year because the state already takes his entire paycheck for child support so I think part of me is holding out hope that we’ll get something but I know that’s just wishful thinking. I stay home with our baby so it would be nice to get the credit for her back, but I don’t think they take that into consideration. The money is owed them so I can’t really complain. It just sucks to lose so much money. The offset this year will cover over half of his back support so this should be the only year that we’ll get nothing.

                      Anyway thanks for reading and I hope someone can answer those questions. ☺️

                    • #4353146 Reply
                      Perry
                        @perry

                        As a parent on the other side of this. Just pay your child support. 1 they charge you interest so you’re paying more than you should. 2 the state takes a piece of every payment out for themselves so don’t think the other parent is getting the full 3000.
                        Not trying to repemand but seriously it cost more money in the long run not to mention the possible misdemeanor/felony.

                      • #4353126 Reply
                        ~Sadie LAdy~
                          @merkitaminasi

                          They will calculate his portion of the $11,000 refund and deduct his CS from that. So how much they take just depends on what portion he was owed. Unless you were the one that made most of the money, they’ll probably take the whole $3000. Again it’s based upon each person’s unique tax situation.

                        • #4350174 Reply
                          Phyllis Ferrell

                            I have been looking for clarification on this as well.

                            I have heard 2 things:

                            1 – They will take what is owed to DCS and disburse the remainder to you as scheduled.

                            2 – They will send the entire return to DCS. DCS will then take what is owed to them and DCS will issue you a payment of the remaining balance, which takes longer.

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