Is it legal for a state to garnish a tax refund but then hold the money for a full 6 months?

Question Details:

My daughter's father is currently $13,000 behind just from not paying in the last 2 years even though he was employed. They took his full tax refund for $4851 and are holding for 6 months. Meanwhile I am struggling to find a way to fix my vehicle and make ends meet. I understand it is from filing a joint return, but notarized statements from them will not even release the money. And even if not, why can I not get just $500 now? I will get no interest from them holding this money and they already have been paid their fees and posted it to his account. But it has not reached the person who needs it.

Asked 6/23/2011 under Child Custody, Support, Adoption | 437 View(s) | More Legal Topics

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Child Custody, Support, Adoption Law Answers

Denise Ferguson / Denise Ferguson Attorney At Law Answered 10 months ago | Contributor This attorney is licensed in Ohio

The tax return is being hold in order to make sure that the father's spouse is not filing for innocent spouse relief. If the return is joint then part of that money may be hers.

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