advice_plz
New Member
Hello, I have a question regarding collection of back child support. I will apologize up front for this being so long.
History of the situation: I reside in KY, I am the CP of a 6 mo infant. Her father married someone else when I was 8 mo's pg.. she had 3 children, 2 live with her. Child support was set and an amount determined for him to pay monthly on the arrearage of $50 per month. The arrearage is $2603.00
My problems: 1. MY attorney. He had filed a motion to try to have NCP pay the arrearage with his tax refund, since it was too late to intercept it. He and his wife received almost a $6000 refund. His attorney's arguement was- that we had no right to the refund as it was based on his wife's children. MY attorney, forgot he had filed the motion and wasn't present to represent me.
The judge then held it over since I had no attorney present. Meaning I have to take another half a day off work with no pay to go to court AGAIN. I did a LOT of leg work calling the DCSE and IRS to find out what their procedure is- when they intercept a tax refund. What I found was CSE would have intercepted the entire amount, it would have been up to NCP's spouse to file an "Injured Spouse" claim form to get her portion back. Then I called the IRS and asked how they determined what her portion would be- or would it be appropriate to use whatever refund he would have gotten if he had filed as Single, as his attorney insists. Per the IRS -that would be incorrect as HE received extra deductions on HIS income from claiming her and her children. SO- I went into Turbo Tax and entered their income all 3 ways - (I did it jointly just to make sure I was getting the same amount that they got, and that I was entering their income correctly. It did match). Filing single he would have had a refund of $883. The wife filing seperately with only her income of $6943.00 for the whole year and tax withheld of $233, filing head of household with 2 children and her refund would have been $3053.00. Their joint refund using his income and tax withheld too, $5924.00 MY conclusion is his portion of the refund would be $5924-$3053= $2871.00.
I faxed all this info to my attorney and informed him of the rescheduled court date. He never called me to apologize for missing it or to address any of the info. I have called him a couple of times since and he hadn't had time to look at the fax. I tried to go over it with him on the phone and he said it wouldn't hold up in court unless we had the complete forms to show and his argument was just going to be he should pay me from the back pay. If I call him with a question, he acts as if I'm bothering him, even though he's charging me for each phone call.
2. What is the point in us going back to court, me missing paid work, having to pay an attorney- who I don't feel is putting ANY effort into this.. if they've probably already spent the refund any way? I would hire a new attorney, but I'm hopeful this is the last motion we will have to appear for. If it's not going to be productive anyway, since he doesn't have the money to pay it, even if it is ordered, how can they enforce it? I'm wondering if it would be better just to drop it and let him continue to pay monthly on it? If so, can I just call his attorney and sign something with him to just drop this motion? Or do I have to have my attorney do it? I don't feel he'll honor the request because he wants to get paid for going to court.
History of the situation: I reside in KY, I am the CP of a 6 mo infant. Her father married someone else when I was 8 mo's pg.. she had 3 children, 2 live with her. Child support was set and an amount determined for him to pay monthly on the arrearage of $50 per month. The arrearage is $2603.00
My problems: 1. MY attorney. He had filed a motion to try to have NCP pay the arrearage with his tax refund, since it was too late to intercept it. He and his wife received almost a $6000 refund. His attorney's arguement was- that we had no right to the refund as it was based on his wife's children. MY attorney, forgot he had filed the motion and wasn't present to represent me.
The judge then held it over since I had no attorney present. Meaning I have to take another half a day off work with no pay to go to court AGAIN. I did a LOT of leg work calling the DCSE and IRS to find out what their procedure is- when they intercept a tax refund. What I found was CSE would have intercepted the entire amount, it would have been up to NCP's spouse to file an "Injured Spouse" claim form to get her portion back. Then I called the IRS and asked how they determined what her portion would be- or would it be appropriate to use whatever refund he would have gotten if he had filed as Single, as his attorney insists. Per the IRS -that would be incorrect as HE received extra deductions on HIS income from claiming her and her children. SO- I went into Turbo Tax and entered their income all 3 ways - (I did it jointly just to make sure I was getting the same amount that they got, and that I was entering their income correctly. It did match). Filing single he would have had a refund of $883. The wife filing seperately with only her income of $6943.00 for the whole year and tax withheld of $233, filing head of household with 2 children and her refund would have been $3053.00. Their joint refund using his income and tax withheld too, $5924.00 MY conclusion is his portion of the refund would be $5924-$3053= $2871.00.I faxed all this info to my attorney and informed him of the rescheduled court date. He never called me to apologize for missing it or to address any of the info. I have called him a couple of times since and he hadn't had time to look at the fax. I tried to go over it with him on the phone and he said it wouldn't hold up in court unless we had the complete forms to show and his argument was just going to be he should pay me from the back pay. If I call him with a question, he acts as if I'm bothering him, even though he's charging me for each phone call.
2. What is the point in us going back to court, me missing paid work, having to pay an attorney- who I don't feel is putting ANY effort into this.. if they've probably already spent the refund any way? I would hire a new attorney, but I'm hopeful this is the last motion we will have to appear for. If it's not going to be productive anyway, since he doesn't have the money to pay it, even if it is ordered, how can they enforce it? I'm wondering if it would be better just to drop it and let him continue to pay monthly on it? If so, can I just call his attorney and sign something with him to just drop this motion? Or do I have to have my attorney do it? I don't feel he'll honor the request because he wants to get paid for going to court.
