Legal Question in Family Law in Missouri

A.F.D.C. Withholding Tax Refund

I was sued for paternity of a child by an A.F.D.C. office in Missouri about 3 years ago. The suit did not come to a conclusion until June of 1997 because the mother would not take the child in for the blood test. She received A.F.D.C. benifits during this time. I was found to be the father and the court ruled that I owed only back child support from the time of the positive test, about 1 month. I paid the one month and an employer's order was placed and the support has been paid. However, during this tax season, I was due a substantial refund from the I.R.S. The child support office in Missouri has taken this refund to pay the A.F.D.C. Can they do this? Can they take a tax refund even during these circumstances?


Asked on 3/28/98, 8:30 pm

1 Answer from Attorneys
Leland Ammons Leland Ammons & Associates

IRS Child Support Intercept in excess of court orders

This is basically Missouri law or Federal law question and I am Texas attorney only. IRS should have sent you notice of the proposed intercept months ago and given you a chance to respond, but get in touch with them anyway to complain, they are only following request of MO AFDC office, which is under pressure to collect from Dad, monies paid by US for support of your child.. Provide them, both IRS and AFDC office with certified copies of the judges orders. You are entitled to your refund if you paid all the judge ordered. Ask IRS nicely, and wait until next week!

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Answered on 4/14/98, 1:09 am


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