Q: My tax return was seized for arrears I had no idea about. Is it possible to get all or some of it back?
I was never informed of this case. My wages were not garnished no bill in the mail. I had no way of knowing that I should be paying. For a whole year I was racking up this debt and no body told me about it. Now looking at the order that was filed it has wrong information on it. It says I have no time with my son and she has no income. When really we have 50/50 custody (ordered by the court) and she has/had a job. Either way she has the ability and time to have a job. Over $7,000 was taken from my tax return. Is there hope?
A:
If your tax return was seized for arrears related to child support or other debts, there may be avenues to contest the seizure and potentially recover some or all of the seized funds. It's concerning that you were not informed about the case or given an opportunity to address the arrears prior to the seizure. Additionally, if the order filed contains incorrect information about your custody arrangement and the other party's income, this could be grounds for challenging the validity of the order.
To pursue a claim for the return of the seized funds, you may need to file a motion with the court that issued the order for the seizure. This motion would typically outline the reasons why you believe the seizure was improper or unjust, such as lack of notice or incorrect information in the order. It's crucial to gather evidence to support your claims, such as documentation of your custody arrangement and the other party's income.
It's advisable to consult with an attorney who specializes in family law and debt collection matters in California. An attorney can review the specifics of your case, advise you on your rights and options, and represent your interests in court proceedings to challenge the seizure of your tax return. With the assistance of legal counsel, you may be able to seek the return of the seized funds and address any underlying issues related to the arrears.
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