Can my income tax return be interceptedregarding retroactive child support?

UPDATED: Jan 5, 2011

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Can my income tax return be interceptedregarding retroactive child support?

I was ordered to pay $500 in child support but also another $50 a month for 70 months for retroactive pay. I was told that it is not back pay and does not mean I didn’t pay but it is an amount set before I was ordered by the judge to pay child support. I am not a deadbeat all my support payments have been taken out of my check and haven’t missed anything. Therefore, since its my year to claim my son, can they take my income tax refund for the retroactive pay?

Asked on January 5, 2011 under Family Law, Florida


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

Answered 12 years ago | Contributor

Here is the problem that I see:  even though the assessment was not really punitive - meaning that you were not as you say a dead beat dad but the amount was instead a reassessment - in reality it may read out as the same.  Did the order state how the money was to be paid?  Could you be permitted  - and could you afford - to pay it in a lump sum so that you would not run the risk of your tax return being intercepted here?  Otherwise I think that you may be out of luck here and that they may in fact take the refund should you be entitled to it.  Good luck to you.

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