My son and his mother moved to Nevada without my knowledge. I received a notice from the county in Nevada stating that I was in arrears in paying child support although money had been deducted from my paycheck as usual. I notified the person listed on the notice and they said they would contact Washington State. When I filed my income tax I was notified that money would be withheld because of back child support being owed, which was an error. It had been deducted form my paycheck all along.I provided the state of Nevada with documentation from the State of Washington showing the payments. They told me that they were able to confirm I was not in arrears and never was, however they were still going to hold the tax return money for 6 months, as they were following state and federal guidelines.I have written explaining that the money was held in error, I have called and asked if there is an appeal process or a supervisor I can speak with. The person assigned to my case is very short with me and said that there is nothing I can do and I can wait six months and she will request a refund or I can go to court. I feel that the fact that I am out of state limits what I can do. Who do oversees support enforcement? I have looked on line and sent an email to their customer service, which directed to phone the main county phone number, which could not offer any help.Thank you
State/Country relating to question: Nevada
I called the county and support enforcement
Wrote a letter to the case worker
Unfortunately, they have the right to hold the money for 6 months, even if it was taken in error UNLESS the court orders otherwise. This means having to file a petition for release of your money in the NV court to get an order from the NV court to child support services to release the money. The court oversees the child support enforcement process and their feeling is they do not have to do anything without a court order and that is how they operate and why they are telling you that they will not release the money until the 6 month time is up even though they were the ones who made the error.
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Do you think they will automatically refund it after 6 months or I should I should do something at that time?
Also, the first person that was the case manager had said that she would watch for the money to actually be received from the IRS so that it could be refunded. Of course she is was the nice one and is no longer assigned to us. Do you think the person that is assigned to us has the authority to request it be released prior to the 6 months if she wanted to?
They are supposed to automatically send you a check after 6 months and if they do not do so that is when you need to consider filing suit. Sometimes it does actually take them 3-4 months to physically get the payment from the IRS, but if they have already received it then they are just being slow to return it because they can be. But if they are telling you they have yet to receive the money from the IRS, then this is reasonable and you have to wait for at least them to receive the money so they can refund you.
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