I live just outside Chicago and I pay child support via garnishment out of every paycheck. I have retroactive support that I pay an extra $50 a paycheck towards until my daughter graduates high school which is later this year.
I received a letter that I would be losing my income tax return due to the fact they claim I owe a past due amount of $13,000. Which is not true. I have a retroactive amount that I owe and according to the court order, it isn’t delinquent and I pay towards it in increments out of every paycheck.
I have submitted appeals and had them review my case twice and they state that I am current with my support and am paying the arearrage according to my cases court order, but they still have a legal right to go after my return to help pay the past due amount. But the amount isn’t “past due”. It’s retroactive.
This seems incredibly illegal since I’m not delinquent and I could really use the money to help me from falling further behind in my bills. I keep up my support, I don’t see why I have to be penalized like a dead beat dad, which I am not.
If I file for a hearing, do I have a chance to remove the lien on my refund or am I wasting my money with a lawyer?
To Tro, I am getting these papers directly from the Illinois Department of Healthcare and Family Services.
I can’t believe how rude some people on here are. Retroactive does not mean delinquent and it’s retro because I never knew about my child until 2 years ago.