Seized Tax Refund

Updated on April 14, 2012
C.A. asks from Allen, TX
10 answers

My ex husband owes back child support. He told me that his entire tax refund is being seized to go to me for back child support. This was almost a month ago when they found out. As of today I still haven't seen anything. I was just wondering if anyone has gone through this before and how long it typically takes before you received the funds? My typical child support automatically goes directly into my bank account. I assumed this would be the same. I live in Texas, any ideas on how this process works?

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A.H.

answers from Canton on

It took mine about 6wks from the time they took it from him until I got it. No clue why it takes so long.

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K.G.

answers from San Diego on

Usually takes about 3 mos.

2 moms found this helpful

F.H.

answers from Phoenix on

I would call the agency that puts the monthly funds in your account. They would know. Good luck...and congrats!!!!

1 mom found this helpful
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G.B.

answers from Oklahoma City on

The reason they hold it so long is to give him a chance to dispute the charges and to file a grievance. They hold it for so long to see if any other creditors file to garnish it. They hold it so long to give any one else listed on it to claim their part of the money...they have to be fair to anyone he owes money to and to anyone he filed with that does not owe this money out of their income.
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You must call the child support agency and find out how long they hold it, no one else has anything to do with the issue, not the IRS, no one.

My state holds it 6 months if anyone else is listed on the taxes, such as a new wife. She is entitled to her part of the refund. If she worked outside the home she will get her part, it is not his income. If she didn't work outside the home some states will let her still have some of it since tax credits and other benefits effect her too.

If there is no one else on the tax papers then he has a certain amount of time to file a grievance and they are the only ones who can tell you how long that is.

I would also NOT count on it coming anywhere near that time. They will be perpetually late and it can get frustrating. I was told it would be held 6 months the first time and it was closer to 9. Then the next year I got it in April since this one particular one filed in January and he didn't have anyone else on his taxes. So, I was totally surprised to see it that soon. It also won't be the amount they tell you it will be. Sometimes they hold out money to pay back any state assistance you get, sometimes they will hold some of it to pay medical bills the state paid. It is never the same amount.

My daughters came very early last year too, this year she isn't doing taxes since she was in rehab for over a year. The 2 kids dads have not filed yet or have not been seen by the IRS to let us know how much we will be getting from them.

It can be very frustrating if you go check your balance every day hoping for it to be there, that makes the wait so much longer.

1 mom found this helpful
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S.B.

answers from Redding on

Him finding out that there is a lien on his tax refund happens before everything is actually processed.
The money will show up in your account, it just takes time.

For many years, this was the only way I got child support for my daughter.

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B.M.

answers from Dallas on

I do payroll weekly for my company and have many employees with child support deductions. I submit the money withheld from their paychecks and the custodial parent is paid pretty quickly after that. I would imagine that as soon as the Attorney General's office receives his refund from the government, they would turn it around to you pretty quickly.

I would call the Texas Attorney General's office and inquire about it. They should be able to tell you something.

Good Luck!

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C.C.

answers from Washington DC on

it can take up to six months so they can ensure he did his taxes correctly (irs) My ex has had his seized almost every year for the last 5 yrs LMAO due to his back support. I love it cause my daughter gets to do whatever she wants with it. We have never counted on his support and she has never wanted for anything so be patient it will come

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L.H.

answers from Dallas on

It takes 3-6 months, my husbands ex has hers seized every year but they hold it forever before we get it. They want to be sure there are no other liens on it is what we are told

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C.W.

answers from Phoenix on

My ex had his last year taken in April and I got it at the end of May. Just keep an eye on your account. He can call the IRS to find out more, but they may not be able to tell him anything.

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W.K.

answers from New York on

OMG! Sweet! When that happened to my ex he cried and gave me some story about why he got that money and how he needs it and blah blah! He filed a rapid refund on Friday, they gave him a 'card' to start spending the money. By sunday the cancelled his card, he had to pay back every penny and told him they seized his refund. I laughed! Ok he was getting that money cause he filed his 'other' child with this woman who is on 'the system' and she cant file him. Sorry my kids come first, not my problem. But he has not had a job since and that was like 7 years ago.

Anywho it took about 8 weeks to get the money from the state. I know when that happened to my father it took longer cause he was married and they had to make sure the money was not the wifes.

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