Can they take my tax return if my child support orders have been stopped since February 1 of 2014, now shes supposed to pay me

Asked 5 months ago - Kansas City, KS

I owe arrears of about $4500 in child support, but my attorney said that with me having been keeping track of when I have my daughter since July 2013, that he will get it to where when I was paying child support of $500 a month while unemployment will go towards my arrearage, which leaves it to about $1000. With that being left he said, it may need to be paid to the state since she recieves cash assistance which I will be made pay, but that if that is owed to mother, then what she owes and what I owe will cancel out. This is still an ongoing process, I was just wondering that since my orders have stopped, if they will take tax return or if I can call and explain the situation and fight it? I am unemployed currently and it would be nice to have that money to support my child

Additional information

I should've never been put on Child Support because my daughter has always been in my care. Comparison would be that she is with me 10 days and would be with mom 3. The whole month of October she only had her 4 days! Now she is in preschool until the end of April at my house. Mother has hated me for her not getting that money from me, even though the child isn't in her care. SHe is supposed to be paying me $177 a month starting Feb 1 of 2014, and told me that I wasn't going to get shit from her. Can that look bad on her when we go to court?

Attorney answers (2)

  1. Burton M. Harding

    Contributor Level 4


    Lawyer agrees

    Answered . If you owe an arrearage to the mother or to the State, they can and will withhold your tax return.

    If you can prove that you have always had the child, there MAY be some way to eliminate the arrearage and have the State go after the mother instead, but it would be difficult to do and would depend largely on how the original order was obtained and how long you took to challenge it.

  2. Thomas J. Wagner

    Contributor Level 19


    Lawyers agree

    Answered . If it still shows as arrears and the state is getting the money, I would plan on your refund being used to pay whatever arrears there are.

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