If I owe child support, can the whole amount of my tax refund be taken if it is more than the support due?

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If I owe child support, can the whole amount of my tax refund be taken if it is more than the support due?

If I owe $728.00 in child support. Can they take my entire refund of $7995.00? What and who can I talk to to get my refund? I really need my refund.

Asked on February 3, 2011 under Bankruptcy Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am assuming that the refund is your Federal Tax Return Refund, correct?  States have what is known as Intercept programs to take back child support from tax returns.  The specifics of it is best addressed to your state child support agency.  There are certain requirements like enrollment that may need to be met.  Federally, the IRS website states as follows:

'The Department of Treasury's Financial Management Service (FMS), which issues IRS tax refunds, has been authorized by Congress to conduct the Treasury Offset Program. You can contact the agency with which you have a debt (your state child support agency), to determine if your debt was submitted for a tax refund offset. You may call FMS at 800-304-3107 for an agency address and phone number. If your debt was submitted for offset, FMS will take as much of your refund as is needed to pay off the debt and send it to the agency you owe. Any portion of your refund remaining after offset will be issued in a check to you or direct deposited for you. '


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