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Wait time for intercepted tax refund from my ex ??

Venice, FL |

My ex knows that the state will be intercepting his refund and sending it my way... he informed me the other day that he's filed his taxes already, but I'm hard pressed to find out how LONG it takes till I see the check. I've googled it, but I find mixed information between 6weeks and 6 MONTHS! and before anyone wonders, yes, I do try called the CSE customer service line, but its even harder to get anything but a busy dial tone from them.. thanks:)

Attorney Answers 2

Posted

The holdup isn't with CSE, it's with the IRS. They will send you the check in the same amount of time it takes them to send any kind of tax refund. If your ex has a simple 1040 return to process, it usually takes only a couple of weeks. But if he has a complex return with multiple schedules, owes back taxes or has liens, or there are other problems between him and the IRS, the issuance of the check may take months or longer. Remember, all that's happening is that the IRS is replacing your name on his refund check because CSE made a demand to the IRS that the refund be processed that way. Otherwise, his refund is being processed like any other IRS refund. And, of course, when your ex says he's filed his return, who says he's telling the truth?

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

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Posted

that last part made me chuckle a bit :) This makes sense .. and I thank you for your quick response, it's much appreciated!

Posted

6 weeks to 6 months is a good overall estimate. The state, their efficiency varies from state to state. Plus, the longer they delay it, the more money they make on their deposits.

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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