Tax refunds and child support often go together, especially during tax season. Many people use tax refunds to pay bills or buy necessities. But if you owe child support, you risk losing your tax refund. You may wonder if the government can take your refund for child support.
Yes, the government can take your tax refund to pay overdue child support. Federal and Texas laws give clear permission for this. Taking tax refunds is a quick way to collect unpaid child support.
This article explains how tax refunds and child support work in Texas. We’ll cover the process, what Texas law says, and what you should do if this affects you.
Table of Contents
Why Child Support Enforcement Matters
Child support provides for your child’s needs. When parents separate, the court requires the non-custodial parent to help pay for the child’s expenses. Child support helps make sure children have funds they need. The issue is more than personal—it involves public welfare.
The government uses many ways to collect unpaid support. They take money from paychecks, suspend licenses, and seize tax refunds. Taking a tax refund gets results quickly.
How the Government Takes Your Tax Refund for Child Support
The main tool is the Treasury Offset Program (TOP).
Here’s how it works:
- The Texas Office of the Attorney General (OAG) reports unpaid support to the federal government.
- When you file taxes, the IRS checks if you owe child support.
- If you owe, the IRS uses your refund to pay your debt.
- The state receives the money and pays down your child support balance.
- You get a letter that explains why you didn’t get your refund.
This program usually targets tax refunds, but sometimes other government money, too.
When Will the Program Take My Refund?
The program only acts if you owe enough money:
- TANF Cases: If the other parent gets TANF, the government takes your refund when you owe $150 or more.
- Non-TANF Cases: If the other parent does not get TANF, the minimum is $500.
How Texas Law Collects Child Support with Tax Refunds
Federal law needs help from a state agency. In Texas, the OAG starts this process. The Texas Family Code gives the OAG power to collect unpaid support and to report debts for refund seizure.
Texas Family Code Chapter 231 explains child support enforcement in Texas. Texas Family Code Chapter 157 shows ways to collect overdue support and says unpaid support becomes a legal debt without a lawsuit.
Section 231.002 picks the OAG as the official agency for these cases. This lets the OAG use all federal tools, including refund seizure.
No State Tax Refunds in Texas
Some states take state tax refunds for child support, but not Texas. Texas does not have a state income tax. You only have to worry about your federal refunds.
What if I Filed Taxes with My Spouse?
You may file taxes with your spouse, and only one of you owes child support. The IRS can take the whole refund, but your spouse can protect their share. Your spouse should file IRS Form 8379, Injured Spouse Allocation. This form lets the IRS figure out and return your spouse’s part. It can take a few weeks, but it helps keep things fair.
More about the Injured Spouse Claim:
- Send the form with your tax return, or after you learn about the refund being used.
- It takes several weeks to process.
- Only the person who does not owe child support is protected.
Can I Stop the Tax Refund From Being Taken?
There are few reasons you can stop this:
- You already paid, but records do not show it.
- The debt is not yours.
- A court changed or erased the debt.
If you think there’s a mistake, call the Texas OAG. The IRS only follows OAG instructions.
How Tax Refunds Lower Your Child Support Debt
Losing your refund helps pay off your debt in two ways:
- Reduced Principal and Interest: In Texas, overdue support adds interest. Tax refunds first pay the current support, then take away from what you owe, then pay off interest.
- Avoiding Bigger Problems: If you pay off your debt, you may avoid license suspensions and other penalties from the OAG.
What Should I Do If I Might Lose My Refund?
Follow these tips:
1. Check Your Status
Call the Treasury Offset Program (TOP) at 800-304-3107 to see if you’re on the list.
2. Talk to the Texas OAG
If you owe support, call the OAG. They may help you set up payments or explain what you owe.
3. Change Your Tax Withholding
If you often owe back support, adjust your pay check deductions through your employer. A bigger pay check and smaller refund means less risk.
4. Get Legal Help
If you think the state made a mistake, a Family Law Attorney from Graham Family Law can help.
Conclusion
Tax refunds and child support go together in Texas. Seizing tax refunds helps the state make sure children get support. The law lets the state use refunds, but it also gives ways to fix mistakes and protect spouses who don’t owe the debt.
If you receive child support, this helps you get paid. If you owe, stay current and reach out for help if you fall behind. For more help, contact a lawyer or the OAG’s Child Support Division.
If you are wondering this situation and need guidance or legal support, call Graham Family Law asap at 210-308-6448.
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