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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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child support and arrears

Resolved Question:

i owe my ex wife $3883 in arrears for a loop hole she found in the child support system. when made aware of it i made a payment arrangement with css. i pay all my support on time and have never been late. now she has intercepted mt fed and state tax refund. can she do this? will she get all of it or just a portion?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Unfortunately yes she can intercept your state and federal tax refund. This is an allowed practice by the State of California to enforce collection of child support even though you have already set up a payment plan. The entire amount can be collected to satisfy the debt but any overpayment should be refunded back to you. If your refunds pays off the arrears, make sure that CSS is no longer garnishing or seeking further payments from you for these arrears.

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