Can My Tax Return Be Taken if I’m Late on Child Support? 

 Posted on February 25, 2025 in Child Support

Falling behind on child support can happen to even the most well-intentioned parent and creates a very stressful situation, especially when tax season comes around. If you are worried about whether the government can take your tax refund to cover unpaid child support, first, know you are not alone. Next, understand that the answer to your question depends on whether a court order for collection is already in place.

If you have not yet been through enforcement actions like court proceedings for wage garnishment or tax refund interception – which usually happen after being very late on large amounts of child support – you may still have time to resolve the issue before your refund is seized. However, once the state flags your overdue payments, your refund, and possibly even other sources of income, could be taken to cover what you owe. At Weiler & Associates, Inc., our Illinois child support lawyers help parents manage challenging child support issues including payment options, and we are here to help you, too.

Can the State Take My Tax Refund for Past-Due Child Support?

In Illinois, the state has the authority to intercept both federal and state tax refunds to collect unpaid child support. This typically happens when a case is reported to the Treasury Offset Program (TOP), which is run by the federal government. The Illinois Department of Healthcare and Family Services (HFS) works with TOP to take refunds from parents who owe past-due child support, but this does not happen automatically. A parent must already have a court order for support enforcement or be part of an active case with Illinois Child Support Services before their tax refund is at risk.

If you are behind on payments but have not yet been subject to a court order for collection, now is the time to act. For most people, once your overdue balance reaches $500, your case can be flagged for collection. At that point, your tax refund may be intercepted without warning, and you will have little recourse to get it back.

What Happens If I Keep Falling Behind on Child Support Payments?

Losing a tax refund is just one of several penalties that Illinois courts may impose for unpaid child support. The longer the debt remains unpaid, the more severe the consequences become. Wage garnishment, liens on your property, suspension of your driver’s license or professional license, and even contempt of court charges are all possible outcomes. Interest also accumulates on unpaid child support at a rate of 9 percent per year, which means the longer you wait, the more expensive the debt becomes.

Failure to pay can also affect your ability to apply for loans, pass background checks, or even renew your passport. In extreme cases, repeated nonpayment can lead to criminal charges, which carry even more severe financial and legal repercussions. If you are struggling to keep up with child support, it is better to address the issue proactively rather than wait for enforcement actions to escalate.

Call a Kane County, IL Family Law Attorney if You Are Behind on Child Support

If you are behind on child support and worried about your tax refund being taken, working with a St. Charles, IL child support lawyer can help you find a solution before the state intervenes. Our lawyers can help you negotiate a payment plan, request a modification to your child support order, or dispute an incorrectly owed balance. If you lost your job, experienced a medical emergency, or had another significant change in income, you may be eligible for a child support payment reduction, but the court will not lower your obligations unless you take action.

At Weiler & Associates, Inc., we work with parents in Illinois who need help resolving overdue child support issues before the consequences spiral out of control. If you have fallen behind, do not wait until your tax refund is seized. Call us at 630-331-9110 today to discuss your options.