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4 Answers

Can child support garnish state returns?

Asked by: ubinas 2028 views YA Discussion

For some reason I had it in my head that they did not but I was expecting my state refund today and it isn’t here. I was expecting my federal return to be garnished.

4 Answers

  1. Bostonian In MO on Feb 11, 2012 Reply

    Both state and federal can be offset for unpaid child support in arrears.

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  2. Lady D on Feb 11, 2012 Reply

    Yes, they can garnish state and federal taxes if you are behind on your child support. If you call the agency that has the order against you they will tell you which, if any, have been garnished.

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  3. Rick B on Feb 11, 2012 Reply

    If you can’t afford to pay your obligations, WHY ARE YOU GETTING A REFUND?!?????

    A refund means that you are having TOO MUCH withheld from your paychecks. If you can’t pay your own bills, why are you loanin th government your money???????

    Fix your withholding so that you actually keep more of your money each payday. Then use it to ZPAY YOUR OBLIGATIONS!!!

    Jeez people!!!

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  4. Bobbie on Feb 11, 2012 Reply

    Yes this can and does happen when the state gets involved in the past due child support payments and then gets the FMS involved in the REFUND OFFSET program for this purpose.
    Use the search box at the http://www.irs.gov website for Topic 203 – Refund Offsets: For Unpaid Child Support, And Certain Federal, State, and Unemployment Compensation Debts
    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. Through this program, your refund or overpayment may be reduced by FMS and offset to pay:
    • Past-due child support
    • Federal agency non-tax debts
    • State income tax obligations, or
    • Certain unemployment compensation debts owed a state. (Generally these are debts for compensation that was paid due to fraud or for contributions due to a state fund that were not paid due to fraud)
    You can contact the agency with which you have a debt, to determine if your debt was submitted for a tax refund offset. You may call FMS at the number below 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.
    FMS will send you a notice if an offset occurs. The notice will reflect the original refund amount, your offset amount, the agency receiving the payment, and the address and telephone number of the agency. FMS will notify the IRS of the amount taken from your refund. Contact the agency shown on the notice if you believe you do not owe the debt or you are disputing the amount taken from your refund. If a notice is not received contact FMS at 800-304-3107 or TDD 866-297-0517. The available hours are Monday through Friday 7:30AM to 5:00PM CT. Contact the IRS only if your original refund amount shown on the FMS offset notice differs from the refund amount shown on your tax return.
    For additional information, FMS can be reached at 800-304-3107 or TDD 866-297-0517.


    Hope that you find the above enclosed information useful.

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