Help Trying To Get Back Taxes Taken By Child Support

Hello all. I need some advice.....

I work for the NYC Transit....and have been for the past 14 years.
I was paying my child support order, by having it taken out of my
check bi-weekly. In November of 2001 I was in a car accident and was
out of work until April 2003.

During that time, I had no income, just disablity payments thru the
company. Child Suport realized they werent getting the payments they
were used to taking bi weekly, and then I started getting the letters
about owing back CS. So they wound up taking my Federal Tax Refund
and my NYS Refund for this year that I filed. I went to CS court to
get a date to let them know my situation and why I wasnt paying.
After about 6 months, I finally got my day in court. I came armed
with all my documents, sick notes and reason why I was behind in CS
payments. They ruled on April 29, 2003 that they would modify my
support order to $25 a month from December 2001 to April 2003...that
was the time I wasnt working. The judge used his calculator to
realize that my income was nothing and that I was disabled during that
period and that I didnt owe any back support or arreas for that
period. They continued the order of support that I was paying before
my car accident. That was fine with me.

Since coming back to work, they were still taking out the bi-weekly
support payments AND they were taking arreas for $55 a week. They did
that until July 16 pay period and the arreas were stopped. I called
them and they had told me they would stop the arreas being that I
didnt owe any arreas. It totalled $610.

My problem is, how do I get back the NYS Tax Refund and my Federal
Refund that they took that I didnt owe? The taxes alone are about
$4000 and the $610 arreas they took. That is a good chunk of money I
can use.

"Ana & Andre" wrote in message
...
Hello all. I need some advice.....

I work for the NYC Transit....and have been for the past 14 years.
I was paying my child support order, by having it taken out of my
check bi-weekly. In November of 2001 I was in a car accident and was
out of work until April 2003.

During that time, I had no income, just disablity payments thru the
company. Child Suport realized they werent getting the payments they
were used to taking bi weekly, and then I started getting the letters
about owing back CS. So they wound up taking my Federal Tax Refund
and my NYS Refund for this year that I filed. I went to CS court to
get a date to let them know my situation and why I wasnt paying.
After about 6 months, I finally got my day in court. I came armed
with all my documents, sick notes and reason why I was behind in CS
payments. They ruled on April 29, 2003 that they would modify my
support order to $25 a month from December 2001 to April 2003...that
was the time I wasnt working. The judge used his calculator to
realize that my income was nothing and that I was disabled during that
period and that I didnt owe any back support or arreas for that
period. They continued the order of support that I was paying before
my car accident. That was fine with me.

Since coming back to work, they were still taking out the bi-weekly
support payments AND they were taking arreas for $55 a week. They did
that until July 16 pay period and the arreas were stopped. I called
them and they had told me they would stop the arreas being that I
didnt owe any arreas. It totalled $610.

My problem is, how do I get back the NYS Tax Refund and my Federal
Refund that they took that I didnt owe? The taxes alone are about
$4000 and the $610 arreas they took. That is a good chunk of money I
can use.


I'm surprised someone else hasn't answered this post... I believe you can't
get back the tax refunds since they have been "credited"against the
"arrears". Instead you should show a credit on your account. You should
contact the Child Support Agency handling your case and ask them if you
should be paying support, or ask them for a refund for the credited amount.
You may have to file some sort of paper with them requesting the money. I
don't know, but I'm sure there is a ton of red tape like normal.

Good luck - it really sucks that our courts are so busy it takes forever to
get anything taken care of. Sorry to hear that you are in the bad situation
you are in.

Tracy
~~~~~~~
http://www.hornschuch.net/tracy/
"You can't solve problems with the same
type of thinking that created them."
Albert Einstein

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