Child Support

Will a non-custodial parent who owes child support still receive a stimulus check if they owe child support?

“All U.S. residents or citizens with adjusted gross income under $75,000 ($112,500 for head of household and $150,000 married), who are not the dependent of another taxpayer and have a work-eligible Social Security Number, are eligible for the full $1,200 ($2,400 married) rebate. They are also eligible for an additional $500 per child. A typical family of four is eligible for a $3,400 recovery rebate.”: (source: https://medium.com/@ChuckGrassley/cares-act-recovery-check-faq-1b680b717e3a).

If an individual owes past due child support however, they may not be eligible to receive the stimulus check. The Debt Collection Improvement Act of 1996 authorizes the collection of overdue child support payments by cutting or withholding federal payments as an offset. (source: https://www.poynter.org/reporting-editing/2020/if-you-owe-child-support-payments-you-might-not-get-a-coronavirus-stimulus-check/)

In order for this money to be withheld however, the state must first report the delinquency to the Treasury Department. The Treasury forwards the intercepted or offset funds through OCSE to the state child support agency to pay the past-due support (source: https://www.acf.hhs.gov/css/faq/how-does-the-federal-tax-refund-offset-program-work). A non-custodial parent will learn whether their check has been intercepted when they receive a Notice of Offset. (source: https://www.acf.hhs.gov/css/faq/how-does-the-federal-tax-refund-offset-program-work).

If you have further questions on this issue, feel free to contact my office.