Question:
I am up to date with all child support payments as my wages are garnished from each paycheck. However, the child support agency intercepted my tax refund and was withholding that money.
This is obviously an error since I do not owe any arrears. How can I get this money rightfully returned to me?
Answer:
The first thing you should do is get a printout of your child support records – either by calling your county child support agency or printing it online. It should reflect all payments and monies intercepted for the payment of child support and the related fees. Make sure there was not some sort of support ordered that you were not aware of or that there was not an error in the paperwork or order.
Once you can verify the payments you have made and that you are current, you should request your refund in writing to the agency, send it to them, and then call to verify receipt. Make a log of your contacts to the agency, including who you spoke with and what you were told during the conversation.
If you get no response or refund, then you should consider hiring an attorney. The agency may be more cooperative when dealing with counsel rather than an individual payor.
If you are entitled to the refund and they continue to delay or deny the refund, the attorney could then file a motion in the circuit court.
Again, I cannot inform you as to the state’s specific laws and I suggest that you seek advice from an attorney in your jurisdiction.
Cordell & Cordell has men’s divorce lawyers located nationwide.
Trisha B. Festerling is an Associate Attorney in the Milwaukee, Wisconsin office of Cordell & Cordell where she practices family law exclusively. Ms. Festerling’s practice is focused on men’s divorce, child support, child custody, paternity and modification. She is licensed in the state of Wisconsin. Ms. Festerling received her Bachelor of Science degree in Criminal Justice with a focus on Political Science, Magna cum Laude, from the University of Wisconsin – Milwaukee. She received her Juris Doctor from Regent University School of Law in Virginia Beach, Virginia.
Please DO NOT allow the child support agency to make an open-ended amendment to your payroll deduction to “correct” their mistake of collecting too much child support from you.
I won’t bore you with a list of the problems that my local child support agency created when they did this to me, but I suggest that you have the family court judge either order your ex-wife to cut you a check for the child support overpayment or have the child support agency intercept HER tax refund to reimburse you for your child support overpayment. DO NOT allow them to screw up your payroll deduction.