Legal Question in Family Law in Illinois

Re: Withheld Income taxes for Arrearages

Tax refund checks can be withheld for payment against child support arrearages, and in such cases, the amount is applied against the arrearage. Sometimes, it is the Department of Public Aid that pursues there tax checks, and they do it to obtain reimbursement for unpaid child support during a time when the children were recipients of public assistance. In that case, the tax reduces the arrearage amount, but the check does not go to the custodian; it goes to the state.

If your children�s father has shown you papers about this, read them. The answer you seek might be right there.

Be aware that, even though refund checks are being withheld, you still have other methods and means to collect against the arrearage. In Illinois, child support can be enforced in the same manner as any money judgment (i.e., wage deduction orders, garnishments, attachment of bank accounts, attachments of income streams and other assets, etc.) (and child support judgments earn interest too, at 9% per annum).

Unlike most other money judgments, however, child support can also be enforced in a contempt proceeding where a failure to pay without an excuse can lead to jail. That�s a pretty good motivator to pay. And you can get an order of automatic withholding (for the current and for payments on the arrearage) out of your ex�s paycheck. And a failure to pay can also lead to a court order taking away the obligor�s driving privileges � this can also be a big motivator.

You should consult a lawyer. There�s a fair-to-good chance that, in a contempt proceeding, your ex could be held liable to reimburse you for your attorneys fees. Discuss that with your lawyer too.

When you visit a lawyer to get help collecting back support, ask him/her about the tax refund issue, and bring the papers you referred to with you.

There�s more to consider. A personal attorney-client relation would allow you to provide more info, ask more questions, and receive more help.

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