However, my tax refund was intercepted from the Department of Treasury and issued to my ex-wife.
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Florida child support laws where I am licensed to practice.
Yes, it is permissible and here’s why. The issue is it is not the court – who as you said ordered you to make payments toward child support arrears – that has intercepted your tax refund. The IRS and the court are two completely separate entities and do not share information with regards to child support arrears issues.
Therefore, when issuing your refund, the IRS would not know that there is a standing court order that addresses arrearage payment. When the refund was issued, it can be intercepted if you are someone who owes child support – which you are. This would be an issue you may want to address with the IRS, as it is not an issue for the judge who issued the standing order.
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Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a mens divorce lawyer in your jurisdiction.
Note: This information is general in nature and should not be construed as tax advice. You should work with your attorney or tax professional to determine the tax advantages that will work best for your situation.