Tax time is here again, which means that many people can expect a tax refund check from Uncle Sam in the near future. For parents who fail to pay child support, however, that refund may be sent directly to family court instead.
Tax refunds redirected to family court
The federal government is cracking down on people who fail to pay child support. While most child support payments are automatically deducted from paychecks, a parent who is unemployed, self-employed or moves frequently may pay child support out of pocket.
The Department of Treasury's Financial Management Service (FMS), which is the agency that issues tax refunds, may send your refund to family court if you are delinquent. Once your tax refund has been intercepted, you have little chance of reclaiming it. Instead, you will receive a letter from the IRS with an explanation of where the refund went and the amount owed. If you owe less in child support than the amount of your refund, you will receive the difference.
Tough love in Lexington County for parents don’t pay
Lexington County, South Carolina, is taking the failure to pay child support even more seriously than the Internal Revenue Service. Sheriff James Metts has made it a priority to hunt down and arrest people who won't pay. After Metts' deputies tracked down Bryan Patrick Tarlton in Florida, WLTX reports, ex-wife Antonia Stoewhaas began receiving weekly payments after eight years of delinquency.
"In 2009, Lexington County found more than 200 deadbeat parents and collected $3.2 million in back child support," says WLTX.
What parents who cannot pay child support should do
If you can't make your child support payments, making new arrangements through family court may prevent your tax refund from being diverted. Falling more than a month behind on child support payments also means that you could have a lien put on your property or even have your passport denied while traveling. If failure to pay child support is the result of a change of circumstances like loss of a job, the court may be able to adjust your payment amount.
Before you are faced with having your tax refund confiscated — or even more serious consequences — speak with a family law attorney who will advise you of your rights and options.
