Other parent recently stopped paying monthly child support and over $21,000 is due in arrears.
Then I received payment from possible tax refund offset. It is more than the monthly amount due. How would those funds normally be applied by the court?
3 Answers from Attorneys
If there is that large of a child support arrearage, then the amount taken from an income tax refund or other source would not be limited to the monthly amount.
The amount seized from the tax refund is used to reduce his arrearage first. So, for example, if he was $21,000 in arrears and you received $2,000 from his IRS tax refund, he is now $19,000 in arrears, and the ongoing amount he is supposed to be paying you will continue to be added to the arrears. Since he is getting a tax refund, he is obviously being paid, so you need to see a lawyer about garnishing his paycheck or seizing his assets.
The monies will be applied to the arrears