Legal Question in Family Law in Oregon
child support
I have been paying spousal and child support for 7 years and a percentage goes to back child support. After 7 years they are just now trying to take my federal tax refund, I have a baby on the way and we need this money. I don't understand why they would be trying to take it now, after i have been paying it religiously for 7 years. Can they do that??
1 Answer from Attorneys
Re: child support
Yes, they can do that. Although you have been paying religiously for seven years, you will owe unpaid past due child support in an amount that exceeds $500 (in non-welfare cases; $150 in welfare cases). Federal law allows income tax refund intercept, at the state's request, whenever such a circumstances exist.
Suggestion: adjust your tax withholdings so as to avoid ending the year with an overpayment of your actual tax liability. Best to break-even with the IRS on your tax liability, or end up with you owing more tax money, rather than overpaying and being entitled to a refund. If you avoid ending-up being entitled to a refund, there would be nothing that could be intercepted.
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