Question:
The IRS is threatening to intercept my tax refund and apply it to my child support arrears.
Can the IRS take my tax refunds for owing back child support if I also am in arrears to another one of my child’s mother?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska divorce laws where I am licensed to practice.
Where I practice, there is a federal tax intercept program. In this program, a letter or notice is sent to you stating that you may be subject to federal and possibly state tax intercepts for some type of outstanding obligation.
This obligation can be for many things, including child support and alimony. Typically there is a process to contest the federal tax intercept, which should be included with the notice.
Financial Advice:
It would also appear you are asking a second question, as to the allocation of the intercepted money when there are two outstanding support orders. As to how they allocate the interception, this may be based on the outstanding amount of obligation to the separate parties, the type of obligation, the age of the obligation, or a percentage basis based on the obligations in comparison to one another.
This can be based on “first come-first served” principal. This question would best be asked to the Internal Revenue Service or your local state tax agency.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.
