When can the payor's refund may be applied to pay the child support?
Tax filing season is already upon us as millions of Americans begin gathering up their W-2's, receipts and assorted other financial documentation to pay Uncle Sam his due. Parents who pay or receive child support may have additional questions. Those questions may include who claims the children, how certain income is reported and, in cases of divorce, the all-important “who gets the tax refund?” question. We'll get further into the weeds between now and April 15th, but for now, here's an interesting tidbit of information pertaining to child support and tax refund offsets: If the child support payor is entitled to a (1) federal or state tax refund, (2) homestead rebate or (3) other rebate, the payor's refund may be applied to pay the child support order if, but only if, the amount of unpaid child support is equal to, or more than, the following monetary and general guidelines:
- The amount of unpaid support must be at least $150 in federal public assistance cases.
- The amount of unpaid support must be at least $500 in federal non-public assistance cases,.
- All arrears owed to public assistance agencies must be satisfied first.
- In the case of a state tax, homestead or “saver” rebate offset, the amount of unpaid support must equal or greater than one full month's worth of the support obligation.
The attorneys at DeMichele & DeMichele are not tax lawyers. Specific questions pertaining to your tax liability should be addressed to a tax attorney and/or account. However, as family attorneys, we are obligated to familiarize ourselves with the tax implications of our client's family court decisions and obligations. We also regularly work with outside experts, including forensic accounts in certain more complex cases, in order to ensure that our clients receive maximum protection throughout the course of litigation and after the fact. Experienced assistance is only a quick phone call or email away. If you have any questions regarding the ins and outs of child support in New Jersey or family law generally, please contact us online today or call (856) 546-1350 for a confidential consultation with one of our skilled family court lawyers.