Legal Question in Family Law in Texas

AG hold on seized tax refund
My ex-husband is over $20,000 in arrears. Our child is 9 yrs old. I haven't received a child support payment in at least 8 months. The AG's Office intercepted and seized his tax refund that the IRS had issued to him on February 27. They posted the payment to our child support account on March 19 (in the amount of the tax refund). But they tell me they will not release the money to me until August. They say that the law requires them to hold the money for 120 days after the end of the month that they receive it before they can send it to me. I can't find this law anywhere and they couldn't tell me where I could find it. Is there such a law? Neither of us are remarried and there are no other children.

Asked on 6/04/09, 3:42 am

TC Langford Langford Law Office

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Re: AG hold on seized tax refund

You find the law at:

Texas Family Code 157.312

and

Social Security Act 42 USC 664(a)

An analysis of the issue can be found at In The Interest of RCT, LCT, and CLT, (Texas App -- Houston District, April 7, 2009)

Answered on 6/04/09, 3:12 pm

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