RALEIGH — If you are delinquent on child support payments and your debt has been referred by the state to the Treasury Offset Program (TOP), some or all of the funds from your stimulus check provided through the Coronavirus Aid, Relief, and Economic Security (CARES) Act could be withheld.
According to North Carolina Child Support Services, child support payees who are in that position will receive a notice from the federal government when and if their stimulus payment has been intercepted.
Those who don’t know if they have delinquent child support debt that has been referred to the TOP can call 1-800-304-3107 with questions.
“The threshold varies by the type of delinquency, known as arrears, owed,” a fact sheet from the NCCSS reads. “Cases with public assistance arrears are eligible if the total balance for all of his/her cases are at least $150. For non-public assistance arrears, the total balance from all his or her cases must be at least $500 to be eligible.”
Under the CARES Act, individuals with adjusted gross incomes below $75,000, as well as individuals who filed as the head of household with an adjusted gross income below 112,500, are set to receive $1,200 stimulus checks. Married couples who file joint tax returns and have a combined adjusted gross income of less than 150,000 will receive $2,400. Parents are set to receive an additional $500 for each qualifying child in their household.
Filers who exceed the stimulus check income thresholds ($75,000 for single filers, $112,500 for heads of household and $150,000 for couples) will see their payment reduced by $5 for every $100 the make above their respective threshold. Single filers making more than $99,000, heads of household making more than $136,500 and couples making more than $150,000 are not eligible to receive stimulus checks.
Filers started receiving their stimulus funds this week. Those who already had their direct deposit information on file with the IRS were the first to receive their checks.
Once stimulus money is intercepted by the TOP, it could take some time for a parent to receive the support payment. If a couple files a joint tax return, it could take up to six months for the payment to reach the parent who receives child support, according to the NCCSS.
If an individual is in a situation where they are filing a joint tax return with their spouse, and their spouse is the one who is delinquent on child support payments, that individual should file an Injured Spouse form with the IRS. That form can be found online at www.irs.gov. That form can help an individual recuperate their share of a withheld payment, as opposed to having the entire stimulus payment go toward delinquent child support dues.
“If you are married and filing jointly and you filed an injured spouse claim with your 2019 tax return (or 2018 tax return if you haven’t filed your 2019 tax return), half of the total payment will be sent to each spouse and your spouse’s payment will be offset only for past-due child support,” the fact sheet reads. “There is no need to file another injured spouse claim for the payment.”
Individuals can also wave their right to file an Injured Spouse claim. If an individual fills out an Affidavit to Release Joint Tax Return and submitting it to NCCSS, the child support debt will be withheld from their stimulus payment, and they likely won’t have to wait six months to receive the overdue support money.
Additional information can be found on the IRS website.
