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Can past-due child support be taken from the state income tax refund?
Q) Can past-due child support be taken from the state income tax refund?
A) All states with state income tax must have laws that require the offset of state income tax refunds to collect past-due child support. The money first goes to satisfy current support due for that month, next for past-due support owed to families, and finally to states to repay cash assistance provided to the family.
You will need to provide evidence of your reduction of income in order for the judge to modify your child support obligation. The best evidence is the most recent tax returns and recent pay stubs. After the court orders a specific child support amount, it is often the case that one parent may seek to modify the child support agreement. However, a parent seeking child support modification will need to prove a change of circumstances.
Steps To ask for a court hearing to change your existing child support order:
Fill out your court forms.
Have your forms reviewed.
Make at least 2 copies of all your forms.
File your forms with the court clerk.
Get your court date.
Serve your papers on the other parent (and the LCSA if involved)
File your proof of service.