Legal Question in Family Law in Ohio
Government taking tax refund 2 years after child support is done
We are at our wits end, husband has fulfilled all child support years ago, paid past point due, was even told he had overpaid 11,000. Now with one child married and 24 years old, and other at 21 years old, our tax refund has been sent to the Hamilton County Child Support office in Ohio. When called, they said that they showed he owed no money, they were the ones that showed he overpaid, but said they could not refund the money. Said it could be 9 months to a year before they could refund it due to tracing when the IRS sent it to them. Do we have any recourse in this matter? They don't seem to think so. I can't believe that. If you can help us at all, it would be so appreciated!
Thanks,
Margie
1 Answer from Attorneys
Re: Government taking tax refund 2 years after child support is done
If a county agency has been taking your money unlawfully, then you may sue the county or the county employee responsible for the action for violation of your civil rights pursuant to Title 42 section 1983 USCS. If you file a suit it may take longer than nine (9) months though. Also, there are applicable statutes of limitations that may apply. I would need to know more about the situation.