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Tax Brake with Robert G. Nath, Esq.


"When Your Refund is Seized For Child Support"

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Week of 7/23/01 -
Can you seize your ex's state tax refund for child support? Yes. Many states have programs whereby you can request that your state ask the IRS to seize your ex's state refund. (Many strings are attached. Check with your state.)

But, as several alert readers have suggested, somehow their ex always seems to have no refund. What a surprise! This raises the question whether the ex's federal and state returns were correct, or evasive.

When that happens, what can you do? (At least, what can you do that's legal.) Several possibilities. First, don't overlook the obvious. Ask your ex for a copy of his or her federal and state income tax return. If it's refused, ask your attorney to try. Then consider going back to the state court and asking for a court order. Normally you need some grounds to believe something less than kosher is going on, but maybe not.

Next, some states have laws that allow increased access to your ex's records in case of divorce. These laws will vary, so check with your state. A separate federal law says that if a state allows access to tax returns, so does the IRS.

The IRS anti-disclosure law also has an exception for disclosure by Social Security, to state or local child support enforcement agencies, of information on your ex's earnings, wages, and other items of income for the purpose of collection child support obligations.

There are even more of such rules. The best course is to try: write to the IRS and ask for the information. If there is an exception to the privacy rules, the IRS will abide by it and give you valuable, legally available, information.


Tax Brake with Robert G. Nath

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