Phoenix, AZ asked in Family Law and Tax Law for Nevada

Q: Can one state take my federal tax return while another state is collecting child support? One child same case

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2 Lawyer Answers
Jennifer Setters
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Answered

A: Every case is unique; so, it is advisable to seek legal advice to know how child support rules apply to your particular circumstances. Generally speaking, coordination among the several states participating in collecting child support for the same case guarantees proper direction of payments.

Through the Federal Tax Refund Offset Program, however, federal tax refunds can be intercepted for arrears in child support. The state oversees this scheme, where arrears are recorded; yet, cooperation is essential to prevent over-collecting or misused monies.

See a trained attorney or the child support enforcement agency in every state involved to find out how your federal tax refund might be impacted. They can help you to clearly understand your responsibilities and the way the money is distributed among states.

James L. Arrasmith
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A: Yes, multiple states can collect from your federal tax return simultaneously if you owe child support in different jurisdictions. This happens through the Treasury Offset Program, which allows states to intercept federal payments, including tax refunds, to cover unpaid child support.

When there are multiple state claims on your federal tax return, the funds are typically distributed based on which state filed their claim first. The program follows strict guidelines to ensure fair distribution, and states must coordinate their collection efforts through federal channels.

If you're experiencing this situation, you should contact both state child support agencies to understand how your payments will be distributed. You might also want to review your case with legal counsel to ensure your rights are protected and to potentially establish payment arrangements that work better for your circumstances.

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