Isit legal for a state to garnish a tax refund but then hold the money for a full6 months?

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Isit legal for a state to garnish a tax refund but then hold the money for a full6 months?

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 on June 23, 2011 under Family Law, Ohio

Answers:

Denise Ferguson / Denise Ferguson Attorney At Law

Answered 10 years ago | Contributor

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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