Back Child Support & Income Tax

by Anonymous from Florida

I am receiving child support right now but for a few months I wasn't receiving the total amount that I should have.

So now he owes back support.

What do I need to do to get the back support taken out of his income tax?

Answer to Florida Child Support Question

Dear Anonymous,

Ask the Department of Revenue (DOR) to capture his income tax refund; and pay it to you for arrears.

If he does not file his taxes, however, then there is no refund to capture.

As an alternative, you could contact the Department of Revenue and ask them to collect an amount over and above his ongoing child support amount to pay you for the arrears.

This may or may not require a court hearing, but the DOR should be able to help you.

While you're dealing with the DOR ask them to also put an income deduction order (IDO) in place so that his wages are garnished.

He cannot be fired from his job for wage garnishment. And the IDO is supposed to follow him from one job to the next.

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Comments for Back Child Support & Income Tax

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Back Support From Bank Assets
by: Sarah from Ohio

My son is now 7 and his father was order to pay 440.00 a month, which he doesn't. He is roughly 10k behind. I have lived in Ohio for two years and he has recently moved to California and inherited a large amount of money.

Is there any way to get back child support from his back account? Also do I need to transfer the support order since we no longer live in that state?

--I'm not sure why you're asking that question on a Florida website, we are most familiar with Florida issues. However, I can answer your question in a general way, your question deals with a long arm child support enforcement action.

The guidelines of the Uniform Interstate Child Family Support Act (UIFSA) dictate how to enforce child support across state lines. he first step is to determine which state has jurisdiction to begin an enforcement action.

If you and the child currently live in Ohio; the original order was entered in a Florida court; but now neither you, the child, nor the father currently live in Florida, then the child support order must first be transferred to Ohio, where you and the child live; and then enforced in California through Ohio's court system.

One of the most important concepts of UIFSA is known continuing exclusive jurisdiction, "CEJ".

An issuing jurisdiction has continuing exclusive jurisdiction (CEJ) over its child support order as long as the state remains the residence of the obligor (the person that is supposed to pay), the obligee (the support recipient), or the child for whose benefit the support order is issued.

But if none of the parties reside in the state where the order was issued then jurisdiction is held by the state where the child lives. And yes, the courts may be able to attach or levy a bank account for past due child support. --Staff

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