The state of Michigan took my ex husbands tax return for back child support. I do receive food and medical assistance, but do not receive cash assistance. They did not give me any portion of the refund, not even the monthly amount I am supposed to receive. Are they required to give me a percentage? I know they recover for the medical bills and assistance but can they really take the whole amount and not give a dime to my children?
No percentages. It would take a tribunal weeks of evidence and deliberation to try and split a refund.
The key to avoiding this is to set your withholding so that it results in $5 for refund.
Another reason is that its an interest free loan to the government and its money at risk.
Usually its governmental (back child support is a governmental available function).
The taxing authority knows nothing about your circumstances or children. It sees money floating by because SOMEONE OVERWITHHELD. It is assumed that if the money was important that the withholdings would have been adjusted to enable more money to live on.
Get together with your husband this weekend and figure out how many dependents on your w-4 is necessary to get your joint withholding down to just above zero for next tax season.
I don't see much chance of getting any money back unless you have an extreme hardship and even then they are likely to compare the back owing and perceive the equities to be in the place of the children of the previous marriage.
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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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