If the state (MD) intercepts my taxes and apply it to child support, is that considered a payment?

I was told by CS that if they intercept my taxes its not considered a payment. That's a bunch of malarkey because if I didn't file the wouldn't get it in the first place! And I didn't even make enough to even file so I voluntary filed so I could pay down my arrears. I'm tiring to get my license back or a restricted work license.

Silver Spring, MD -

Attorney Answers (2)

Richard D. Lebovitz

Richard D. Lebovitz

Family Law Attorney - Baltimore, MD
Answered

This would not be considered a payment because the flaged and intercepted refund would be applied towards arrears. the only "credit" you would receive would be an over payment of arrears. The office of child support enforcement only has power to intercept for arrears and not for regular or current child support payment. You should contact the office of child support enforcement to review your current account and confirm what amount of arrears, if any you owe.

Michael L Raff

Michael L Raff

Lawyer - Lake Zurich, IL
Answered

It is my understanding that if they were to intercept your return it would be because you owe back child support. It is my belief that this would NOT count towards a current month child support obligation owed. However, I believe your position would be best served by having your child support agreement looked at by a Maryland licensed family law attorney who can perhaps help you to lower the amount of your monthly payments if you can not afford to be making them.

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