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Law Offices of Sharyn T. Sooho

Newton, MA
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#224755 - 09/09/09 08:08 AM When DOR siezes money
kiara Offline
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Registered: 05/11/04
Posts: 978
Loc: MA
I understand it can come from either a tax return or a bank account. But my ex makes certain he owes on his taxes and hasn't had bank accounts in forever, all to avoid having monies siezed for back child support in either MA or NY where his other child resides.

How long is the money held by DOR before it is released to the CP? Is there anywhere else it can come from?

I'm just curious.... and a little nervous because ex is getting married next month and I'm wondering if he and fiancee opened a joint account to pay for the wedding. Yes, the money is owed as arrears but I would feel bad if this is how it came about.

Thanks!
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#224757 - 09/09/09 08:44 AM Re: When DOR siezes money [Re: kiara]
emilyrae Offline
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Registered: 07/20/09
Posts: 417
Loc: Pasadena, MD
I would assume a joint account would be treated the same as a house with both their names on, and from what I've read they can put a lien against a house with joint ownership, I would assume the same would go for a joint bank account. Just me ASSuming though. smile

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#224762 - 09/09/09 09:41 AM Re: When DOR siezes money [Re: emilyrae]
Happy Birthday 3Teens Offline
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Registered: 08/29/09
Posts: 6
180 days: Payments received from the intercept of a federal tax refund if the noncustodial parent filed a joint return with someone else and DOR has not been notified that any non-debtor spouse claim has been resolved.
If the noncustodial parent requests a review of the enforcement action, the funds will remain on hold until the review is completed. The noncustodial parent may notify us that he or she waives his or her right to review of an enforcement action and does not wish the funds to remain on hold.
Payments from the intercept of joint federal tax returns, however, must remain on hold for 180 days and will not be released even if the noncustodial parent requests that the funds be released early, unless the IRS has informed DOR that any non-debtor spouse claim has been resolved. The IRS makes determinations whether some or all of the intercepted funds should be returned to the non-debtor spouse. If that happens, the IRS takes funds back from DOR.
Therefore, the intercepted funds must remain on hold for the full 180 days in the event the non-debtor spouse is granted a refund of all or part of the funds.

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