CO Child Support Enforcement Agency Intercepts Tax Returns

[Harvey]

I will try to be short...

1.) Ex quit her job, filed for more child support and I ended up owing ~$2,400 in arrears.
2.) Court allowed me to pay the arrears by adding $80 to my monthly child support payments
3.) I get my CO State Tax return and it's short by ~$1,800. Turns out CSE intercepted my tax return to claim the amount of arrears owed. I guess I can live this but not sure why they would do that when we have an agreed upon payment plan.
4.) 3 weeks later, I get my Federal tax return and it also is short by ~$1,800. So...basically they double dipped.

I just placed a call to CSE and left a message with my case manager. I am sure that this will ultimately be resolved but I am equally as sure they will drag their feet throughout the process.

Questions:
1.) Do they even have the right to take the ~$1,800 even though I have an agreed upon payemnt plan?
2.) What is the best way to put pressure on CSE to get back the ~$1,800 in an expeditious manner?

Thanks in advance for you advice?

H

[defaultuser]

You didn't know that your state's CS enforcement office is allowed to steal money from you?

I'll be mildly surprised if you get any money back and don't get totally screwed, but I'd like to hear how it turns out.

[Trevor]

I think it is more likely that they will allow the credit to take care of some payments until it is used up. But it sucks that they did that. Is there an official com plaint process?

[hoosier_dad]

Is there an official com plaint process?

Colorado has a very efficient complaint process:

[Harvey]

Sitting on hold right now waiting to get through again to talk with Adams County CSE. Hopefully they are cooperative but - based on comments so far - I am not very optimistic.

Can I take them to court for the money they owe? It seems like a pretty clear cut case and I don't particularly like being jerked around like this!

[anonymous guest]

I'd like to suggest changing your IRS withholding so you own $50 to $100 at the end of the year. That way you avoid any potential problems with garnishment.

[hanzblinx]

I'd like to suggest changing your IRS withholding so you own $50 to $100 at the end of the year. That way you avoid any potential problems with garnishment.

exactly. this is totally within YOUR control.

[defaultuser]

Can I take them to court for the money they owe? It seems like a pretty clear cut case and I don't particularly like being jerked around like this!

You can. I seem to remember reading about someone who sued the state because they went after him for child support and when he didn't pay, they threw him in jail. He had no children. His mistake? He threw the info from the CS collection people away because he assumed it wasn't for him. In the end they took many thousands of dollars from him, and he was suing the CS agency.

In your case I would be astounded if you didn't lose money trying to go through the courts to get your money back.

[spencerian]

Kentucky withheld $800 from me when NJ had the kids. Even though I was caught up, and at that time had custody before I filed.
I got the money back in August of that year.

[embattled]

I'm curious, why did your ex quit her job, and why did CO allow her new 0 income to be the basis of CS child support?