My son's father owes both myself and State TANF back child support, he owes me more. The IRS intercepted his tax return, and the state kept it for TANF arrears. My case worker had told me a month ago that the payment would come to me, but now says there's nothing she can do. Is there any way at all I can fight this? I am not currently receiving cash assistance from the state, and I haven't received any in years. I was always told the parent gets paid before the state collects TANF arrears. Every payment that he has made since I stopped getting state assistance, I have received thru child support services.
There is nothing to sue for. The worker you spoke with was incorrect as to what you were told. Intercepts of FEDERAL TAX REFUNDS are applied first to any assigned arrears balance and only if the assigned balance is paid in full would any of the Federal Tax Refund be paid out to you. Other collections & intercepts are applied to unassigned balances first.
If you are also an attorney and you agree with the posted answer please check "I agree", If you are the party who posted the question and find that the answer is helpful or the best of what you have received please check the appropriate response. This information is provided for general educational purposes only including answers posted to questions asked. It is not intended to be relied on as legal advice. Your particular facts and circumstances must be considered to determine appropriate legal advice. Always consult with a competent attorney, licensed in your state, to discuss your particular situation. The material contained in this answer is provided solely for informational purposes. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the responding Attorney. The information in this answer is not guaranteed to be correct, complete or up-to-date. It should not be relied upon or construed as legal advice. You should not act or elect not to act based upon this information without seeking professional counsel.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline