Child Support Arrearages

Question: Can a life insurance inheritance be withheld for child support arrearages in Pennsylvania? My ex's mother passed away leaving him the beneficiary of her life insurance and he owes child support arrearages and I am trying to find out if that money can be held and used to pay towards the back child support and any ideas on how to find out the life insurance information to provide to the department of child support enforcement.

Answer: Doubtful. It's not income garnished from an employer or a tax source. Even if there were a judgment filed, life insurance is generally not going to check the public records for them. Best bet would be to let CYS know he is coming into the money and have them press him for the arrerage thru the courts.

Question: How long does the IRS hold refunds for child support arrearages? My ex says his tax refund and stimulus check were taken in April for child support arrearages that he owes me. When will I receive the money? The IRS took his refund last year and I received it in April but he got married last year and I understand that they hold the money in that case. Has anyone else experianced this, it taking so long?

Answer: If the filed a joint return with the new wife, the money is held (by the state, not the IRS) for 6 months to allow her the opportunity to file an to injured spouse form. If they didn't hold it, you got the money and then she filed, you would have to pay the money back.

Question: Can you collect child support arrearages after the child has turned 18? And if so; How? In Ohio, My daughter has turned 18, and will be going to the Art Institute in Pittsburgh. Her father owes a lot of money still due to failure in payment in child support. I have heard he can still pay if she goes to an accredited school. But can someone verify the answer please?

Answer: Arrears is money he was suppose to pay, but did not. And yes, he would still owe this money after she turns 18, 25, 45, or 65 (if he lives that long), regardless if she is in school or not. Depending on the support agreement, he could also be required to continue paying support after 18 if she is in school. Read the court order to see what it says.

Question: Who gets the money from child support arrearages? I live in Michigan and I was raised by my grandmother. My mother never paid child support and now that I am 23 the government is going after my mom for back child support. I have heard from various people I will get the money she pays, but I can't find an answer anywhere.

Answer: Your grandmother will get it not you and if your grandmother had you on any government services the state can keep some of the arrears also.

Question: how can i find out if my sons dad is in the credit bureau for child support arrearages?? He has changed jobs and he has not paid child support as court ordered and child support expects me to know where he is at when we live in different states. I need to know how to find out where he is working at and I don't know if IRS will provide this info to me since they would have access to his new employment due to filling out tax deduction forms for a job.

Answer: Every employer in the United States is required to report any new or rehired employees. This data is entered and maintained through the state's New Hire Directory. This information is also passed on to and shared with state and federal child support enforcement agencies. If your ex has not been paying his court ordered child support, it's only a matter of time before he's caught. Child support enforcement can file for a tax offset to capture any refunds for arrears. But if he doesn't get a refund there's nothing to offset. They can also put liens on assets or get his driver's license suspended. They should know how to use the system to locate a deadbeat parent and take steps necessary to get him to pay up. If you can, try someone in their upper chain of command. You could also file a grievance with the court for contempt and threaten him with some jail time. When your ex fills out his W-4 form, it doesn't go to the IRS. It's just used by the employer's payroll to determine his withholding amount and is kept with his files. Although, the W-4 doesn't get sent to the IRS, a copy of the form or an equivalent alternative is sent to the state's New Hire Directory.

Question: What steps can be taken to have $35000 in child support arrearages paid? My daughter recently passed away after a long illness. She has three children under the age of ten. She was the custodial parent and was not paid a great deal of child support. I took care of her and the kids over the years while their dad did not bother to pay support. What can be done to hold him accountable for this huge arrearage??

Answer: I am assuming you are now the legal guardian for the kids? It would seem rational at this point that YOU CAN file against him for the support of his children, since the court still should acknowledge that he has liability for support. The fact that he has that much in arrears should absolutely count towards insuring that the order remains valid. On the books in Texas is a law that says a spouse is legally liable for the support of the other AND a 3rd party who provides that support can file suit, if they show they provided that support. I don't know where you live, but it sure seems like the fact that 3rd party can file in this, could extend to supporting his children. Also.. most states DO have laws that this kind of back child support can lead to garnishing wages or arrest. Your state should have an office of enforcing child support, and you need to be in touch with them on this. I really think that if you filed for support payable to you, that the court would uphold the old amount. You really need to get a lawyer on this... you can get a consultation without having to pay thousands of dollars. I am sorry for your loss... and very sorry that this board makes room for idiots who make the kind of stupid remark about a job that was made.

Question: SSD Back Pay and Child Support Arrearages? I was recently approved for SSD. I am supposed to recieve back pay. I owe more in child support arrearages than I am supposed to be getting in back pay. Will my entire back pay check be taken away from me? Someone please tell me everything I need to know about this.

Answer: Depends on what state you are in. Most states will garnish from SSD income. However, some won't. Here is a good link for a brief overview of each states child support laws, find your state. There is a lot of helpful info. in there, but for this question you want the "income withholding" section and the question "What specific source of income is not subject to withholding?" The answer to that question will answer yours. http://ocse.acf.hhs.gov/ext/irg/sps/sele…

Question: Is there a statute of limitations for collecting child support arrearages in MI? How long after the youngest child turns 18 do you have before the statute of limitations expires?

Answer: NEVER if there is still form of collection tactics being utilized. It has been deemed by the courts that if a Custodial Parent waits 8, 10, 12, 20, 30 years without trying to enforce the court order or collect arrears that it could be considered uncollectable. However, if the Custodial Parent continues to make attempts at collecting owed child support then that debt will follow the Deadbeat their entire life and into death with child support being one of the primary stakes on an estate.

Question: How can I collect child support arrearages? Can I put liens against his home?He is over 7,000 behind.I jsut wanted to know if I can take action myself?The state isn't going to do anything but send him letters saying how much he owes.Can I hire a personal attorney?What can they do different? It is the state of TN and he owes it to me the mother.We have 3 kids and he does'nt even offer a sucker to them.Sad he doesn't do without anything.

Answer: duhhhhhhhh, call a family law attorney. or visit the family law department in your state....good luck, unless he has money, you will never see it.

Question: can my ex sue to have child support arrearages dropped? i have a 6 year old son who just met his father for the first time we went to court for support and the judge ordered 2 years back support now my ex is mad and says hes taking me to court to have the arrearages dropped since he didnt know our son then can he do that?

Answer: He cannot do that. They won't even give him a court date for it.

Question: Child Support Arrearages/Student Loans/Taxes? If I am successful in getting child support arrearages from my exhusband, will the government withhold those monies and apply it to my defaulted student loans and/or my back-taxes that I owe? Once I have my student loans in the Rehabilitation Program, and I've already made payment arrangements with the IRS to repay them ... Will the gov't still apply the arrearages towards these loans and back-taxes?

Answer: If you get the ex through his taxes, like your state seizes them then before the IRS hands those monies over to your state they will take their portion for back taxes. If you receive weekly checks then no they should not be taken for back taxes or loans of any kind. Either way involve your local child support recovery agency and let them take it from there.

Question: Can one request Child support and/or arrearages? Child is 17, parents divorced over 10 yrs ago. Mom has full custody but to be nice she never requested child support. Dad has full time job but never wants to help out. Can she go back and request child support and arrearages? or only child support ? There was no request in the original divorce papers. However, in the divorce papers it gave him 51% custody and mother 49% custody. However, mother always had 100% custody. I guess the courts would have to answer. Meaning no request for child support orignially.

Answer: If the court did not order support, mom cannot request it for the past. She could file to get it now, but the father would only have to pay from the filing date forward. Depending upon the state and the court orders, the father might only have to pay until the child's 18th birthday.

Question: How does social security income affect child support arrearages?

Answer: If it is Social Security Disability Income or Social Security Retirement, CURRENT support can be taken from it, to a certain percentage (I don't know the amount). Whether or not back support can be taken from it is unclear, and you would have to contact a lawyer or perhaps social security administration to find out. If it is Supplemental Security Income, nothing can be taken from that, including current support owed.

Question: In California, Is the interest paid to x spouse for arrearages on child support considered taxable income? I understand child support is not deductable or taxable. However, it seems that this additional income would be considered earned income. I have not been treated well in this whole process, even if she had no tax liability, I would feel somewhat better if I was allowed an interest deduction.

Answer: Interest is not earned income under any circumstance. The interest you paid is not deductible to you or taxable to the recipient as it is considered child support.

Question: Child support Arrearages? Can I put a lien on my exhusband's assets and property because he owes me over $22,000 in child support arrearages? My divorce decree states that he was supposed to pay weekly child support payments, paid directly to the courts. However, he has not paid for many years.

Answer: Yes you can. Additonal Info: A child support lien, once filed, is just like a mortgage on a house. If the house owner falls behind in his payments, the mortgage company can foreclose on the house. By filing a child support lien, you are in effect becoming a mortgage company except that you can foreclose on almost anything the obligor owns except his homestead. If you are owed child support, you can file a child support lien. In fact, if your support is overdue, you already have a child support lien. All you have to do is "perfect" it. To perfect a child support lien, you must file a Notice of Child Support Lien. The Notice must contain certain information and be sworn to under oath. Once you have prepared your Notice, you can file it wherever you think you have the best chance of executing it, or foreclosing on it. This could be where the obligor lives, where the obligor owns property, or where the court that issued the child support order sits. You can also file the Notice in a pending lawsuit where you think the obligor might get some money or with any other person or organization that you think may have something that belongs to the obligor. You can file more than one place, and filing a child support lien does not keep you from trying to collect the child support in other ways at the same time. Once the lien is filed, it "attaches," or becomes a charge against, all nonexempt property owned by the obligor. "Property" means both land and things, like cars, boats, bank accounts, computers, and so forth. "Exempt property" is property that no one can force the obligor to sell to pay his debts. "Nonexempt property," on the other hand, means any property that can be sold to satisfy debts. As a practical matter, you can execute your child support lien on all the property the obligor has except his homestead. If you have a child support lien against an obligor, he cannot sell his property without paying off the lien unless his purchaser is a real dummy. This is because at any time, you can foreclose on the lien, even if someone else has bought the property in the meantime.

Question: Child Support Arrearages of over $22,000? Can I put a lien on my exhusband's assets and property because he owes me over $22,000 in child support arrearages? My divorce decree states that he was supposed to pay weekly child support payments, paid directly to the courts. However, he has not paid for many years.

Answer: You need to contact the court where the decree was issued and they will follow up. Only the courts can instruct the IRS to take tax returns to satisfy child support judgments. Every state in the union has child support enforcement divisions. As far as seizing his assets, take him back to court. Unfortunately, this game has to be played out over and over again for many people. I'm very sorry for your situation.

Question: is there amnesty on interest on arrearages on child support in Ohio state? If I have child support in the arrears of a high amount, can i file a motion for amnesty (to not pay the interest) If I can pay it off all at once............what i really owe, not the 10% interest?

Answer: Yes, according to Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement. http://www.acf.hhs.gov/programs/cse/pol/… \\\\\\\\\\\\\\\\\

Question: If someone files their taxes through turbo tax does child support still take arrearages? Does the turbo tax stop the irs from recieveing the past due payments of child support. To all those who know the irs does intercept taxes for back child support. My question is does turbo tax affect the irs satus to intercept. I know for a fact that when you file taxes with a pro the irs intercepts. So for all those who say that child support doesnt interfere with taxes it does. Check Tax Law

Answer: yes the refund will still be taken for back child support. it is taken out by the irs based on the child support order it has nothing to do with the program used to file.

Question: Child support arrearages and the death of a parent? I live in AZ. I owe child support arrearages in excess of $20k.All of the children are emancipated.My ex-wife died suddenly.The youngest child(19) WAS still living with her,although as I stated the CS she was receiving was all arrears.Has anyone experienced this situation ? Will I have to continue paying off the arrears and if so,WHO would they now go to?? She was married,surely they wouldn't go to her husband would they? This case has been turned over to the Attorney Generals office and I have a court date pending.I was just curious if this had happened to anyone else and what their outcome was.The State of AZ has STOPPED garnishing my wages after learning of her death.ANY input would be appreciated...

Answer: The arrears are to be paid to the children. It is their money. Not their fault you never paid. They are still due the money.

Question: TN: How long does it take Tax Refund to show up online to cover Child Support Arrearages? (1mo already)? Ex filed his taxes thru TurboTax a month ago, and his refund was a tad over $3000. Well, He only received about $400 thru direct deposit 2 weeks ago, and the IRS took the other <$3000 and are supposed to be crediting it towards his arrearages, which are about $3600.00. My question, it's been 2 weeks, and nothing has shown up yet on the Child Support Website. How long does it take for the governemnt to process this payment, get it thru the Child Support System, and for it to show up to cover the arrearages............... I've been told it's 6-8 weeks, is that right? What have your experiences been?

Answer: yea, I wouldn't get worked up about it - 6-8 sounds right-