The Coronavirus Aid, Relief, and Economic Security Act, known as the CARES Act, enabled the federal government to distribute monetary relief to many Americans. With stimulus checks being distributed, you may be wondering if the State of Indiana can take the money coming to you to cover child support payments in Indiana.
Stimulus Checks Are Tax Refunds
The short answer to this question is that yes, the State can intercept your stimulus payments. Your stimulus check technically represents a tax credit advance from your 2020 tax return. As a result, the State will view that payment as a tax refund legally available for seizure.
If you are a resident of Indiana and a Title IV-D case for unpaid child support has been opened against you, then the State is very likely to take that money for child support. If you have a child support arrearage, then we encourage you to speak to an Indiana lawyer about this issue.
Legal Consultations During the Pandemic
The lawyers at Webster & Garino are prepared to advise parents via free, video consultations. We make information about your legal rights available while allowing you to avoid a trip to the office.
Although the State has the power to claim stimulus checks from people who owe child support, many issues influence the calculation of appropriate child support amounts. The financial support that you pay or receive depends on gross income and the credits applied based on overnight parenting time, who pays for health insurance and work-related childcare, and whether you have other children.
If you have lost income due to the pandemic emergency, then the guidelines for calculating child support payments in Indiana may justify a modification of the amount. Talking to an Indiana lawyer at our office may protect your rights during this turbulent situation.
Co-Parenting During Lock Down
Stay-at-home orders, school closures, disrupted work schedules, and outright job loss adds to the challenges of co-parenting. You may be uncertain how to adapt to these issues while remaining compliant with emergency laws. Our child custody lawyers Indiana can answer your questions about what excursions are allowable for you and the co-parent.
Although your life may feel on hold right now, there is no pause button for legal problems. We can provide legal advice about your specific circumstances. Please call the office of Webster & Garino at (317) 565-1818 to discuss your child support and child custody case.