What is the law, va code, guideline etc for the following situations regarding federal tax intercept for failure to pay child support in va?

Question

Asked 8/1/2009

I am the custodial parent, the non custodial parents taxes were intercepted in feb 2009 by irs and then received by the division of child support enforcement va ( dcse ) on march 20th 2009 and they still have the funds stating they cannot release the money to me until sept.20th 2009 and stated the reason was because federal law requires them to hold the fed. Tax intecept funds 6 months to see if claims come in against the money ( ex injured sp claim ) there has been no claims filed against the funds, i do not receive any public assistance, and have not received a payment of support since approx jun 2008 apporx. My power bill got so high that it was cut off and m and my son had to move in w/ my parents and my house was then forclosed on , and when i told my case worker at dcse va about it and pleaded for the relase of the money his supervisor said " for me to send in a copy of the power bill and mabye they could try and release the money but not just for forclosure because i probably couldn't save my house now even if they gave me money " and that was very rude and i do not have to send anything to get the funds due to me and my son, i hope you agree. Please help, thanks! tammy

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Answer 1/4 - Submitted 8/2/2009

Is someone could show me a link for the law that specifies whether the division of child support enforcemnt has to legally hold the tax intecept funds for 6 months before distruting to me, the custodial parent. The funds are not enough to cover all of the back child support, so nothing needs to be refunded to the non custodial parent . Virginia is a plan b state for distribution i am told. Thank you all very much.

Timtim

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Answer 2/4 - Submitted 8/2/2009

I have never heard that monies owed are held for 6 months. In most states they do take income tax returns (federal and state) to pay support payments if they are in the rears and they can even take savings accounts and have income made by the parent paying support taken out of their checks. Here is a site . Hope it helps>>
http://www.dss.state.va.us/family/dcse.html

or try this one

http://virginiadcse.com/

GOOD LUCK

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Answer 3/4 - Submitted 8/2/2009

The reason that states have a six(6)month time frame on holding tax refund checks for back child support are when the obligor/non custodial parent (NCP) files a joint tax return,some of that tax refund could be owed to his/her spouce. CSE pute a hold on funds from an intercepted federal tax refund for six (6) months to allow the spouce to file a claim for his/her share of the refund. If the NCP and spouce sign a notarized statement with both of their social security numbers that waives the spouce's right to claim,CSE releases the held funds upon receipt of the affdavit. I would sujest that you call the state of virginia's child support enforcement Department of social services,and ask to talk to the commissioner and Director of the child support enforment. You can call 1-800-552-3431 and you can go online to citizen.services@dss.virginia.gov and you can get the address and phoe number to department of social services as well as child support rnforcement.

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Answer 4/4 - Submitted 3/23/2011

Yes, DCSE will hold a FEDERAL tax intercept for 6 month because of the possibility of a claim against it (if they are married) but when VA issues a refund the STATE automatically separates what is due to the injured spouse and what is to be sent for child support so I don't see them needing to hold it any longer than 30 days only incase the tax payer wants to appeal the intercept.

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