Can child support garnish my husband income tax for child supports and arrears if he is already paying?

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Question

Can child support garnish my husband income tax for child supports and arrears if he is already paying?

Anonymous Apr 19, 2015 Child Support 3 views 2 answers

My husband had a child support modification hearing in Jan 2015 which he agreed to continue to pay child support until May 2015 because my stepson is 18years old. Now they stop deducting Dec 2014, So he has arrears for a certain amount. In Mar 2015 they started back deducting and they stated that they will deduct a little more because of the arrears. today he gets a letter stating that his arrears has been sent over to the IRS to deduct i guess 2016 tax. My question is the arrangement was to take extra from the start and they will continue to deduct until the arrears are paid, And they have been taking a little more so how can they say he owes the total amount when they are currently deducting for child support and arrears? And they stated he has 30 days to pay. I have his paystubs.

Leslie S Brady-AltenFamily Law AttorneyPort Saint Lucie, FL · Answer 1 · 2026-06-15T14:18:57+00:00

If you got a notice of interception of tax refund, it is more likely it is for the 2014 tax year (filed in 2015). The good news is that any monies intercepted will be applied to the arrears, ad if the amount intercepted is more than he currently owes in arrears, he will have a credit to his current support. If you do not receive a tax refund this year, check with the clerk in your county to see if it been applied to his arrears. There may be other things you can do. Please contact an accountant and a family law attorney. Many offer free consultations.

Betty Jones · Answer 2 · 2026-06-15T14:18:57+00:00

I agree with Attorney Brady-Alten, if you received a notice in the mail regarding intercepting the tax refund it most likely was for the year 2014. If you have already done your taxes and received a refund it could be referring to this year's taxes. However, if he is caught up by the end of the year with the arrears under the original agreement, they will not intercept his tax refund next year. Good luck. Sincerely, B. Elaine Jones, Esq.

Can child support garnish my husband income tax for child supports and arrears if he is already paying?

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