If you are under the threshold for interception, you can rest easy that you’re going to get your tax refund. In many states, the threshold is one month of child support plus the $150 or $500, depending on whether you’re in the TANF program. For example, if your monthly payment is $250, and you aren’t in the TANF program, you’d need to owe $400 for this to happen. [2] X Research source

You can contact your state child support program at any time to ask about this. They won’t penalize you or anything. Ideally, contact them 3-6 months before you have to pay your taxes and then call them again whenever you pay off enough to get under the threshold. They’ll only be able to 100% confirm whether your refund will be intercepted or not after you’ve filed your taxes for the fiscal year.

You will get a notice in the mail letting you know your tax refund will be intercepted (usually 60 days before it happens). Once you get this notice, there isn’t anything you can do.

So long as this happens early enough for you to catch up on your arrears, you should beat the clock on your state filing for the offset. To do this, you and your ex would fill out court forms together and submit them to the city or county court. A verbal agreement will not have any impact on your future payments. If you’ve been working with a pro-bono lawyer, ask them to help you with this process. They’ll file all of the paperwork for you and make sure everything is in order.

Do not bring up your tax refund with the judge, even if that’s why you’re doing all of this. It’s just not a valid reason to adjust child support payments. You are unlikely to win the modification case unless you can prove:[7] X Research source Your income has dramatically diminished for reasons beyond your control. There are extraordinary circumstances that prevent you from paying. An excessive burden is being placed on you due to these payments.

You would need to do this in the 60-day window between the day you receive the notice from the state that your refund is being offset, and the day your check would be distributed by the federal government. For example, if you need that refund to complete a certification that will result in you getting a job, which will help you pay your child support, the judge might let you off the hook! If you just say, “Your honor, I just really want my tax refund,” they’re not going to help you out.

The injured spouse claim is basically your spouse telling the federal government, “Hey, this isn’t my debt, so don’t penalize me for it. ” Since a joint tax filing turns you and your spouse into one taxable entity, they’ll lay off a percentage of the refund. [11] X Trustworthy Source Internal Revenue Service U. S. government agency in charge of managing the Federal Tax Code Go to source Do this before you file your taxes. This way, the injured spouse claim will be processed before the federal government has the ability to respond to the state regarding an interception.

If you can pick up a second job, find some freelance work, or cut back on other expenses, do it. Whatever you can do to work that balance down, doing it will increase the odds that you prevent the offset. Even if you do save your tax refund, you may eventually have your paychecks garnished (or future benefits intercepted) if you don’t pay off your arrears. [13] X Trustworthy Source State of Indiana Official site for state-approved sources related to life in Indiana, including laws, services, and culture Go to source Catch up on your child support as soon as you can!

If you’re in a position where your tax refund is going to be a key factor in whether you can stay in good legal standing with the state, these programs will typically offer you help. If your child is receiving any kind of public assistance (like food stamps, or reduced-rate housing), you should qualify for any government programs.

This is an especially good idea if you live in a state where you accrue interest on child support arrears. Compounding interest can make it exceptionally hard to get out from under your debts, so paying the high-interest debts down first can make things easier in the future. [16] X Research source

This is a uniquely good idea if you live in Colorado or Vermont, where you pay a ton in interest (12%) for unpaid child support. If you can get a loan for 5-10% interest, and use that to pay off the child support in these states, you come out ahead in the long run.