Child Support
Taxes and Tax Preparation
Credit Reports
Income Garnishment
Income Taxes
Credit
Tax Refunds

If your husband paid off his back child support but it still reflects as a negative entry on his credit report will his tax refund be garnished now that he is the custodial parent?

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Answer

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Wiki User
01/27/2007

It is possible that it could happen, and is likely if the credit bureau has not noted that it is paid. You should get a receipt from the recepient of the money. The returned cheque may not be enough because it could be considered that it is for something else. If the cheque has the information on it it could work. Photocopy proof of payment and send it to the credit reporting agency. Remember that there are two or maybe even more depending whether you live in US or Canada. (Equifax, and another one, I can't remember find out which one the government uses.) Never send them the originals. If necessary, go to a lawyer or Justice of the Peace and get a "certified true copy" and send that. However, mostly they should accept faxed information. Be sure to Photocopy cheque both sides and fax that. You may in some instances need a letter from the recepient stating that the debt has been paid. I can't promise anything, but usually with all this proof the credit reporting agency will put a note on the file that it has been paid and youshould be safe, but hey, we are talking about the tax department! The entry will remain on the credit report for the required amount of time, but it should be marked paid or settled. In the US, credit bureaus will only accept a 100 word or less letter of dispute, they will not accept copies of cancelled checks, statements from involved parties, etc. The credit report is not valid proof of support arrearages having been paid. If the child support payments were being made through the court via the child support enforcement division, and the obligated parent has not received confirmation of arrearages having been brought current, his tax refund could be seized. Support issues should have been addressed and resolved when the custody of the minor children was transferred. If custody was not amended through the prescribed court procedure, the parent(s) should obtain legal advice and/or representation as soon as possible.