Child Support Offset Took More Than I Owe - How to Get the Excess Back?
So I owe $1,080 in back child support, which is way less than many people I know who are dealing with $5k+ in arrears. I was supposed to receive $8,991 for federal and $603 for state refunds this year. They took ALL my state refund ($603) plus another $1,080 from my federal for the back pay. That's a total of $1,683 taken when I only owed $1,080. I know I have the right to get that excess $603 back, but not sure how the process works compared to other types of offsets. Has anyone had this situation before? I just graduated and really need that money for moving expenses.
18 comments
Lucas Adams
Ya this happens sometimes - the Treasury Offset Program (TOP) can take from both fed and state refunds, but they don't always coordinate perfectly btwn the two. Since they took $603 more than u actually owed, you're def entitled to get that back. Gotta contact your state's child support enforcement agency ASAP tho, not the IRS. The IRS just follows the offset instructions they receive. Curious - did you get any notice before the offset happened?
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Harper Hill
Wait, so the IRS isn't who handles the refund of the excess? I always thought you'd file some amended return or something with them. Makes sense that it's the child support agency though... they're the ones who got the money after all! 😅
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Caden Nguyen
I think I might be in a somewhat similar situation... My refund was offset for child support, but I'm not entirely sure if they took the correct amount. Does anyone know if there's maybe a way to check online what the exact balance was before the offset?
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Avery Flores
I had this exact problem last year! • State took $1200 for support • Feds took another $800 • I only owed $1400 total Called my state's support enforcement division with proof of the total owed. Took about 6 weeks but they refunded the $600 overpayment. Frustrating process though!
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Zoe Gonzalez
This is helpful. Thanks for explaining. I didn't know about TOP before. Good to know for the future.
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Ashley Adams
I would recommend you contact both your state child support agency and the Treasury Offset Program immediately. This kind of situation where they take from both sources can sometimes result in overpayment, but you need to act quickly. There might be specific deadlines for requesting the excess amount back. Do you have documentation showing the exact amount you owed in child support before the offset?
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Alexis Robinson
Thanks for mentioning the deadlines. I'll check on this - my offset just happened on April 2nd, so hopefully I'm still within whatever time frame they require.
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Aaron Lee
The Bureau of Fiscal Service actually has specific procedures for this. You can find information about the Treasury Offset Program at fiscal.treasury.gov. They outline the exact steps for resolving excess offsets, though most cases require direct contact with the creditor agency (child support in this case).
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Chloe Mitchell
I went through this nightmare last year. My state took $1,450 and federal took $2,200 when I only owed $2,800 total. Have you checked your child support transcript to confirm the exact balance? I was confused about what was happening until I uploaded my documents to https://taxr.ai which explained that my state's system hadn't reported the payment to the federal system in time. What happens if you don't get this resolved quickly? Does the extra payment just sit in your account as credit for future payments?
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Michael Adams
I had a similar experience with overpayment, though I didn't use any special service. I just called my state's child support office directly and explained the situation. Took about 3 months to get the money back. They told me that if I hadn't requested it, it would have just sat as a credit against future payments. Not very helpful when you need the money now!
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Natalie Wang
This is a clear case of a Treasury Offset Program (TOP) overpayment. The Bureau of Fiscal Service coordinates these offsets but doesn't actually manage the debts themselves. Your situation involves both an Intergovernmental Offset (your state refund) and a Federal Tax Refund Offset (your federal refund). Since the combined total exceeds your liability, you're entitled to a refund of the excess under 31 CFR § 285.3. Contact your State Disbursement Unit (SDU) with documentation of both offsets to initiate the refund process.
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Noah Torres
Here's what you need to do to get your money back: 1. Gather documentation showing your original child support debt amount 2. Collect proof of both the state and federal offsets 3. Contact your state's child support enforcement agency 4. Submit a formal request for refund of the overpayment 5. Follow up regularly until resolved I was in this exact situation last tax season and spent WEEKS trying to reach someone at the child support office. Finally used Claimyr (https://claimyr.com) to get through to an actual person at the agency instead of waiting on hold forever. Got my overpayment back in about 4 weeks after speaking with someone directly.
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Samantha Hall
Isn't it crazy how they can take your money instantly but it takes months to get back what they shouldn't have taken in the first place? Why can't they just have a system that communicates between state and federal so this doesn't happen? And why do we have to do all the work to fix THEIR mistake? I've seen this happen to several people this tax season already.
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Ryan Young
I'm still fighting with them after 3 months! They took $842 more than I owed and keep telling me "it's in process" every time I call. I'm so angry about it - that's MY money they're holding onto while I'm struggling to pay bills. I've started documenting every call with names and reference numbers because they keep giving me different answers.
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Sophia Clark
Per 31 U.S.C. § 3720A and related regulations, the creditor agency (in this case the child support enforcement agency) must process refunds of excess offsets within a reasonable timeframe, typically 30-45 days. If they fail to do so, you may need to escalate to their oversight department or consider contacting your state's taxpayer advocate. Have you received any written confirmation of your overpayment claim?
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Katherine Harris
I tracked this exact situation for 37 clients last year. The average time to receive an overpayment refund was 42 days, with a range of 28 to 76 days. In 100% of cases, the refund had to come from the state child support agency, not the IRS. The excess amount of $603 should be refunded with no interest. For reference, the IRS took exactly $1,080 as instructed by the child support agency, and your state took $603 separately, creating the $603 overpayment.
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Madison Allen
This is a Treasury Offset Program (TOP) coordination issue between federal and state taxing authorities. Since your state's Department of Revenue (DOR) and the IRS don't have real-time data sharing for offset purposes, they both proceeded with their respective collection actions without knowledge of the other. The Deficit Reduction Act provisions that govern these intercepts require the creditor agency to refund any excess collection. I successfully navigated this last year by submitting Form XYZ-CS (varies by state) to my state's child support enforcement division with documentation of both offsets.
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Joshua Wood
Unlike other tax situations where you'd work with the IRS, child support offsets require working with your state's child support agency. Compared to IRS issues, these are actually easier to resolve in my experience. Another approach: call your state's child support customer service line and ask for an "overpayment review." Some states have expedited processes for clear-cut cases like yours. In my state (Florida), they have a dedicated form for exactly this situation that speeds up the refund process to about 3 weeks instead of the usual 6-8 weeks.
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