Can I Pay Child Support With My Income Tax Return?
Although there is no way to schedule payments to child support using your federal tax overpayments, your refund will be offset if there is a delinquent amount owed. For this reason and a variety of others, it is usually best that you pay your child support directly instead of having it deducted from your refund. However, if you choose not to pay your child support or you learn that your refund will be offset, it is important that you are aware of how the process works.
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How It Works
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Financial Management Services is an arm of the Department of Treasury which is charged with the responsibility of administering the Treasury Offset Program. FMS takes any refund due to a taxpayer who owes delinquent child support and sends it to the enforcement agency requesting the funds. Before the refund offset is applied, you will receive a letter in the mail from FMS advising you of your refund amount, the amount of the offset, and the phone number for the agency requesting the money. It is not the job of FMS to determine the validity or accuracy of the child support debt. If you disagree with the amount which was offset, then contact your local child support enforcement agency directly.
Remedies / Solutions
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If you owe delinquent child support payments, your entire refund will be offset. This is often an unfair arrangement for joint filers since the entire refund is offset to pay the debt of only one spouse. Fortunately, the IRS allows the injured spouse to file form 8379 and recover their portion of the refund. Form 8379 can be downloaded at the IRS website or ordered by calling 800-TAX-FORM. The time frame for filing the form is 11 weeks if the form is filed electronically or 14 weeks if it is filed by mail.
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Exceptions
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Taxpayers who are currently undergoing bankruptcy proceedings will not have their refund offset because the creditor is required to suspend all action to recover the debt and allow the bankruptcy court to decide on the proper dispersal of assets.
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