Economic stimulus payments and child support...?

Question

My husband is set to recieve an economic stimulus payment. HOWEVER he had child support arrearages that he had to pay. His child support order came in Mar. 07(retro'd 3 years), and the majority of it was paid off with his 07 tax return, and regular monthly payments (he has never missed a payment) ...he only has less that $350 to pay back. The law says that he has to be more than two months in arrearage in order for there to be a lein on his taxes. They also tacked on an annual interest rate of 10% of the original judgement...

My question is if he is only $350 in arrearage, not more than two months, but owes the interest to the state the order was issued in, will they take his rebate check as well??

Thanks XXO

Answer 1

Yes, if the IRS has his records on file and they know about his arrearages then they automatically seize his stimulus check and deduct anything owed to child support first before he gets a payment from the IRS.

I know this because my sis-in-law's ex-husband is also in arrears and his stimulus check was seized by the IRS.

Answer 2

No way to know for certain.  While the law says he has to be more than two months in arrearage, that doesn't necessarily mean OLD arrears, but new (as in accrued in the last year).  Assume that he won't get a rebate check and be thrilled if he does.  Keep in mind that you are allowed to then file an injured spouse report with the IRS to get your share if you filed jointly.

Answer 3

More than likely they will.

Answer 4

Once the lein is on, it usually stays until it's caught up, so they'll probably take what he still owes and then you'll eventually get the rest, but the offset will delay it some.