How To Use The Tax Intercept Program To Collect Back Child Support

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When the court orders your ex to pay you child support, he or she is legally obligated to make these payments. Unfortunately, many parents fail to make their child support payments, and this often leaves the custodial parents with financial hardships. If you are struggling because your ex is not paying you the support you are entitled to, you should consult an attorney specializing in family law. One of the options the lawyer may suggest is going after your ex-spouse's tax refund check.

When Is This Option Used?

Before an attorney would suggest going after your ex's tax refund, he or she might try other steps first. These can include:

  • Taking him or her to court – Summoning your ex to court is a great way to start the process of collecting the child support owed, but this can take time. You will have to wait for a court date, and the judge is likely to give him or her a certain amount of time to get caught up. This means you probably will not get the money very quickly, or your ex might just continue not paying it.
  • Garnishing wages – If your ex has a job and gets a paycheck, the court might agree to garnish his or her wages to get the money owed. When back support is present, the judge may decide to raise the weekly amount as an attempt to keep the support current and repay the back support.

If these methods do not work, your lawyer may then suggest trying to intercept his or her tax refund.

Does This Method Always Work?

This method can work well in some situations, but there are times when it will not work. For example, if your ex does not have a steady job or is self-employed, he or she might not be getting a tax refund check. In this situation, it would be useless to go after it.

Another situation that might prevent you from getting his or her tax return is if your ex is remarried. If this is the case and your ex's new spouse works, part of the tax refund might be his or hers. Taking the full amount in this situation would be difficult, but you might be able to get part of it.

In order to use this method for collecting child support, there are certain conditions that must apply. The main one is that the back child support must be at least $500.

You should also be aware that if you use this method once, your ex might take steps to prevent this from happening in the future. For example, your ex might have less money withheld from his or her paycheck each week. By doing this, he or she might not get a tax refund check at the end of the year, which means you would no longer be able to use this method to collect back support payments.

Do You Need A Lawyer To Do This?

You do not necessarily have to hire a lawyer to use this method; however, having a lawyer is always a good idea. Your lawyer will not only give you advice about ways to collect back support, but he or she will also help you fill out paperwork needed to get the process rolling.

If you want to try handling this yourself, you will need to enroll in your state's tax intercept program. Every state has one of these programs, including Wisconsin, and they are easy to enroll in.

If you are tired of struggling financially because your ex is not paying child support, contact a family lawyer today. This is the best way to find out all your options, and it may help you collect the money you are entitled to.

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12 August 2015

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