Is This Legal?

[BillN]

I was notified by NC Child Support in April, 2009 that their records showed I was behind in arrearage payments and my tax check would be intercepted to collect payment. When I received notifaction from the state, I appealed and requested a hearing. Before I could get a hearing date set, my tax refund was taken from me and sent to my ex spouse. The amount of monthly arrearage payment is a measly 5 bucks a month. The judge said I could pay it directly to my ex as the amount was too small and not worth the clerks time or effort so I do not pay it through the court system. I have constantly complained and argued with these people to no avail. The child support people say that it dosen't matter that they have nothing in writing from the court or the judge that requires me to pay through their office. They admit that their is no order requiring me to do so. But they also say their is nothing that says I don't either so they are coming after me again. The 'child' this is all about is a 24 year old adult. I don't have the money for a lawyer, if I did I wouldn't be here asking for advice and legal help. So, to sum things up....there is no legal document requiring that I pay through their office and there is no legal document saying I don't so they are after me again...What can I do?

 

[Duranie]

If you have an arrearage that shows up through the bureau as pass due support, your tax refund is taken. That is standard procedure. How much are you in arrears? Unless the judge wiped out your arrears which he did not do, your return can still be intercepted. And the child being an adult does not matter, the arrears do not go away. Just because you were only ordered to pay 5.00 a month does not mean you still do not have a balance due.