Q: Why is my tax refund on hold for child support?
I have been receiving deductions from my paycheck every two weeks since October to pay for back due child support. Despite this, the Child Support Enforcement sent me a letter requesting the first two pages of my tax return and my ID so my tax refund can be released. There weren't any issues with my tax return last year, and my refund is currently on hold between the IRS and Raleigh. Can you explain why this is happening and what steps I should take?
A: Both federal and state law include mechanisms for enforcing child support by tax intercept for collection of past due child support. The North Carolina Supreme Court has determined that if an obligor is currently paying the monthly amount required by the child support order and is current with a court-ordered payment plan for the accumulated arrearages, the state agency has no authority under the federal statue to intercept a portion of the obligor’s federal income tax refund. 3 Reynolds on North Carolina Family Law § 10.19.
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