Legal Definitions - intercept

An "intercept" in family law refers to a mechanism that automatically diverts funds, such as unemployment benefits or tax refunds, from an individual to a child-support agency to satisfy past-due support obligations. More generally, to "intercept" means to divert money from its intended recipient to fulfill a financial obligation. The term can also describe the covert reception or listening to a communication, typically by law enforcement.

The term intercept has two primary meanings in a legal context, both as a noun and a verb.

As a noun, an intercept refers to a legal mechanism or process by which funds, payments, or communications intended for one party are redirected or captured by another party, often to satisfy a legal obligation or for investigative purposes.

As a verb, to intercept means to legally divert money or payments from their intended recipient to fulfill a financial obligation. It can also mean to covertly monitor, capture, or listen to a communication, such as a phone call or electronic message, often under a court order by law enforcement agencies.

• Example 1: Diverting a Tax Refund for Unpaid Debts

  Imagine a situation where an individual owes a significant amount in overdue student loan payments to the government. When this individual files their annual income tax return, they are due a substantial refund. However, because of the outstanding debt, the government's financial agencies are legally authorized to intercept that tax refund.

  How this illustrates "intercept": Instead of the refund being sent directly to the individual, it is diverted and applied towards their unpaid student loan balance, satisfying a portion of their financial obligation before they ever receive the funds.

• Example 2: Redirecting Wages for Child Support

  Consider a parent who has a court order to pay child support but has fallen behind on their payments. If this parent starts a new job, a child support enforcement agency might obtain a court order to intercept a portion of their regular wages directly from their employer.

  How this illustrates "intercept": Each pay period, a specific amount of the parent's earnings is automatically sent to the child support agency, rather than being included in the parent's take-home pay, ensuring the past-due support obligations are met.

• Example 3: Law Enforcement Monitoring Communications

  In a complex criminal investigation involving organized crime, law enforcement agencies may obtain a warrant from a judge allowing them to monitor the phone calls and text messages of a suspect. The police then set up systems to intercept these communications.

  How this illustrates "intercept": The police covertly capture and record the suspect's conversations and messages as they occur, without the suspect's knowledge, to gather evidence relevant to the criminal activity.