Child Support – Tax Return Intercept, 2 cases, diffrent states. What determines payment split?
Typically it’s proportional based upon the relative debt to each custodial parent. However if one is receiving TANF, they will receive the entire offset amount since it will go to the state first to offset the TANF payments. Additionally if the NCP owes for other items it can affect the payment order for the offset amounts. The order of priority of offset payments is: 1. Back taxes to the IRS. 2. Child support for TANF recipients. 3. Other government debts, such as student loans. 4. Non-TANF child support. Finally, most deadbeats figure out after a year or so that if they “tweak” their withholdings so that they owe a bit at filing time, there won’t be any offset for anything. That’s legal so there’s nothing that you can do about that. Your best bet is to keep the heat turned up with the local Child Support Enforcement Agency and press for wage garnishments, jail time, etc. Those are usually more effective tactics than waiting for tax refunds anyway.