I. Are you owed pasted due child support?
The stimulus payments being issued under the Corona Virus Aid Relief and Economic Security Act (“C.A.R.E.S.”) are not exempt from Federal Law allowing intercept for past due child support. Also, unemployment benefits paid under the C.A.R.E.S. Act are also eligible for intercept for past due child support. If you have an open active collection case through DHS, and the US Department of Treasury has been notified of an intercept, they will forward the funds to the OKDHS for distribution. OKDHS must hold the funds for thirty (30) days to verify balances and ensure accurate distribution. In situations where delinquent payors have filed joint income tax returns the Treasury Department has the authority to intercept the entire stimulus check for that household. In those circumstances the spouse of the delinquent child support payor may file an injured spouse claim with the IRS and request their portion of the intercepted payment be returned. This could take up to six (6) months, however.
II. How might this effect you?
Delinquent payor: You can expect to have your stimulus check and your unemployment benefits paid by the C.A.R.E.S. Act intercepted and redistributed for purposes of paying past due child support if the Department of Treasury has had a hold placed on your tax refunds.
Child Support Payee: You can expect to receive past due child support from stimulus checks and C.A.R.E.S. unemployment intercepted.
Spouse of Delinquent Child Support Payee: If you have filed a joint tax return as a spouse of a delinquent child support payee and the State intercepts your stimulus money, you should be prepared to file an injured spouse claim and allocation of a joint return (IRS Form 8379) with the IRS to claim your portion of the intercepted payment.
You can obtain more information regarding your rights from your legal counsel or your tax preparer.