Ok well it just means if she were to receive any money back child support will take it and send it to DH. It can take anywhere from 1 month to 6 months for your DH to receive it depending on your state and how she filed (joint, single, etc).
My DH had his taken every year even if he was technically current (so thankful we don't have to worry about that anymore). It would always take 6 months for it to clear through child support system because we file jointly
My ex had his garnished for like two years for his sons. As far as I know the mom got another check for that money but I'm not completely sure. He owes me 16,000 so I'm hoping to get a definite answer to how that works sometime.
If he owes money it will go to the mother or if she is on public assistance I guess the state will get there portion that they paid to help her. You husband would only get money back to him if more than what he owes was taken and then a check will be mailed back to him for that difference.
I only know this cause my oldest child father had not been paying any child support but guess got a job and out of know where around tax season I got over a 3,000 check so figured he must have filed taxes.
In NJ its the same as other ladies mentioned, however, the payer as to owe over 2500 in arrears. I know both sides of this all to well cuz of my dh, hopefully this will be the last year.
If she did file jointly the SO would have to go sign a paper saying he understands part of his refund is going to CS. The quickier he signs the quickier the money goes through. In NJ they give them 6 months to sign them automatically release it.