Back Child Support and Taxes?

Question

If the non-custodial parent can not be found and is behind in child support that is court ordered can his taxes be garnished for CS? Also will the Attorney Generals Office be able to find out where he is working if taxes are garnished to start up regular CS payments? Also if the non-custodial parent is unemployed does he have to pay CS? Thanks !

I live in the state of Texas, the non-custodial last lived in Alabama, Child Support was ordered in Texas.

Answer 1

Texas is not one of the better states to be in if you are owed child support. The courts in Texas are generally more favorable to debtors than to creditors.

All states are part of the parental locator and new hire system. As such, Texas should be able to send a request to Alabama under the Uniform Interstate Family Support Act to initiate wage withholding.

Assuming that you have registered with the appropriate office in the State of Texas that handles child support, the interception of tax refunds should be possible as that is done at the federal level (that is, the state pass the information automatically to the IRS if the arrears are above a certain level). However, there must be a refund to intercept and some non-custodial parents have learned how to work the system so that no more is withheld than is needed to pay federal taxes.

Unemployment does not relieve the obligation to pay child support -- it might temporarily interfere with the ability to make full payments, but, in that case, the unpaid portion of the monthly obligation becomes an arrearage. It is also possible in most states to put a withholding order on unemployment benefits.

You need to speak to the local office that handles child support payments to get a case opened. If you have any questions about your case that a caseworker can't answer, you may want to talk with a private attorney to understand what your options are. While the State will collect your child support for free, sometimes you can get it quicker by paying a private attorney as the employees of the State are working a large number of cases, which means that they can't do all the cases this second.

Answer 2

be sure to go thru a child support agency which you can set up thru your local DHHR office. Yes, when tax time comes and he owes you money for the children, the tax money will be sent to you. you can also have a lein placed thru the child support agency on his social security number--this way, if he puts any money in a bank account, then the child support agency can get the back money out and send it to you. also there should be interest tacked on to the amount of money that is owed for the children. it doesn't matter whether he his working or not, he helped make the children, so he has to help support the children. if it goes on for a while of non payment, they may take his butt to jail.

good luck

Answer 3

Yes, there are federal parent locator services that tracks IRS and Social security records. There are also state parent locator services. Call your state's support enforcement agency and ask about the parent locator service. If they are not able to help you, you can often locate a missing parent if you know what state he or she resides in simply by asking for a search of the motor vehicle records for that state.

Hope this helps

Answer 4

Where do you live?? This is vital info for this question.