Can Child Support Debt Affect Your Stimulus Check?
I owe child support; can my stimulus check be seized? I’m behind on my child support payments, can I still get a stimulus check?
With people receiving stimulus checks, questions are arising regarding how child support obligations may impact their receipt of stimulus payments. The answer to both questions is: it depends.
If You Are Current on Child Support
If you are current on your child support payments, then your stimulus check will not be seized, and you should receive that stimulus payment so long as you are eligible.
What Happens If You Owe Child Support Arrears
The issue may arise if you owe child support arrears. Arrears means money that is owed that should have been paid previously. Many individuals refer to arrears as “back child support”.
If you are delinquent on your child support payments, the State may have referred your arrears to the federal government for collection. If this has occurred, then yes, your stimulus check will be seized and applied to your arrears. If you owe less than the amount of your stimulus check, then only the amount of arrears will be seized, and you will receive the remainder. If you owe in excess of your stimulus check, then the stimulus amount will be applied to your arrears, and you still have an arrears balance.
How Stimulus Check Seizure Works
The seizure process for stimulus checks for child support arrears is like that for seizure of your tax return. Tax return seizure occurs under the Federal Income Tax Refund Offset Program. The stimulus check seizure occurs under the Debt Collection Improvement Act that allows for certain federal payments other than federal tax refunds to be offset.
This means, there is the potential for your tax return to also be seized based on your arrears. This also means, if your tax return was seized and did not cover your arrears then your stimulus check will still be seized.
No Hardship Exceptions Under the CARES Act
The CARES Act does not allow any exceptions for financial hardship, therefore, if you have arrears, you should not expect a full stimulus check.
Filing an Injured Spouse Claim
If you and your spouse file jointly, and your spouse owes child support, then you may need to file an Injured Spouse Form to file a claim.
If you owe arrears for child support and believe that your child support obligation may be too high, you can discuss your options with an attorney and see if you would qualify for a modification of child support. Contact a family law attorney to discuss your case and move forward with your requests for child support and/or alimony modifications.
At King Law Offices, we understand the challenges involved in any family law matter. Our goal is to help guide you through this process and listen to your concerns. Come visit us at one of our multiple office locations throughout North and South Carolina. You can schedule an appointment by calling 888-748-5464.
Frequently Asked Questions (FAQ)
Stimulus Checks and Child Support Arrears
Can my stimulus check be taken if I owe child support?
Yes. If you owe child support arrears (also called back child support), your stimulus check can be seized to pay that debt. This applies under the Debt Collection Improvement Act, which authorizes federal payment offsets for overdue obligations.
Will I receive any of my stimulus check if I owe less than the full amount?
Yes. If your child support arrears are less than your stimulus check, only the amount you owe will be seized. You will receive the remaining balance of your check.
What if I owe more than the amount of the stimulus check?
If your arrears exceed the stimulus check amount, the entire stimulus check will be seized and applied to your child support balance. You will not receive any portion of the payment.
What if I’m current on my child support payments?
If you are current on your child support and do not owe arrears, your stimulus check will not be affected, provided you otherwise qualify for the payment.
How does the government know I owe child support?
If your arrears have been referred to the federal government for collection (often done through your state child support enforcement office), then you are subject to stimulus check seizure under federal law.
Is there a financial hardship exemption?
No. The CARES Act and related stimulus legislation do not allow hardship exceptions for child support offsets. If you owe arrears, your stimulus check can still be seized regardless of your financial situation.
Is the process the same as tax refund seizure?
Yes, it’s similar. The Federal Income Tax Refund Offset Program is used to seize tax refunds for unpaid child support. The stimulus check offset works under similar rules through the Debt Collection Improvement Act.
What happens if I filed taxes jointly with a spouse who owes child support?
If your spouse owes child support, and you filed a joint return, you may be able to protect your portion of the stimulus check by filing an Injured Spouse Form (IRS Form 8379). This lets you claim your share of the payment separately.
Can I modify my child support to lower my arrears?
Possibly. If your income or financial circumstances have changed, you may qualify for a child support modification. A family law attorney can help determine whether your situation warrants a review and help you file a motion to modify.
How can King Law help me if I owe child support?
King Law can:
- Evaluate whether you qualify for a modification of your child support
- Assist with filing an Injured Spouse Form
- Defend you in enforcement proceedings for arrears
- Guide you through the legal process to protect your financial rights and family obligations
