I have a question regarding my husband's back taxes. His ex-wife filed on him back in 2001, at which time his daughter was 20 years old she is now 27 and we are still paying back child support. They recently took our $3,000 tax return. I know that I can claim an innocent spouse form to get my portion, but what I am wondering is if the child support office can take all of my husband's tax returns if he has 2 young children of ours at home? They are 7 and 12. Are there any provisions regarding this? It just seems unfair to my children when his other daughter is already grown and we are struggling to provide for our children. Thanks for you help.
Child Support - Innocent Spouse and children
- Thread Starter Sandra321
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Proserpina
Moderator
She didn't FILE until the child was 20?
How did that happen? Texas statutorily emancipates a child for the purpose of child support at 18 (or when high school is completed)....were there extenuating circumstances?
(btw, if she was 20 in 2001, she's at least 28-almost-29 now)
How did that happen? Texas statutorily emancipates a child for the purpose of child support at 18 (or when high school is completed)....were there extenuating circumstances?
(btw, if she was 20 in 2001, she's at least 28-almost-29 now)
Thanks for replying. I don't know of any extenuating circumstances. I just know that he was very behind on child support that he owed. So evidently his ex-wife chose to file on him at that time. Kind of crazy, huh. The really crazy thing is that the money is going to his ex-wife not the child.
Proserpina
Moderator
Ah - so he actually owed past support and Mom only filed to collect the arrears in 2001? That makes much more sense.
It's not actually that crazy that the money is going to his ex-wife - she's the one he actually owes.
(Child support is meant to reimburse the custodial parent for costs incurred raising the child...it's never meant to go to the child.
)Either way, you need to file injured spouse. Call IRS and they'll tell you which form you need.
Good luck!
(To answer your other question - yes, they'll keep intercepting his tax refunds until it's all paid off regardless of your current financial situation).
Wow. She must be totally NUTS to want the father of her child to pay the support he should have paid as the child was growing up! Yeah! Crazy!!
Proserpina
Moderator
Totally.
(OT hijack - are you used to the new forum settings yet? I'm struggling lol)
(OT hijack - are you used to the new forum settings yet? I'm struggling lol)
Me too...
I would make a joke about "old dogs"...But I think that would cause some nasty "stuff" to be said.
Hey guys, until you've walked in someone else's shoes don't judge. I was just surprised that she waited until the child was 20 to file. I understand he owes the money, but I can't help worrying about my own children. So, lay off unless you've been in someone else's shoes! If someone was going to take your tax refunds for the rest of your life wouldn't you be a little upset?
Proserpina
Moderator
....how do you know we haven't walked the same path?
Why do you seem to be blaming Mom? He owes the money - she's absolutely had the right to file to have the unpaid child support collected. Put yourself in HER shoes...she and her child had to go without support from the child's father for X amount of time.
The bottom line is that Dad owes, and you'll have to file injured spouse every year until the arrears are paid off.
Proserpina
Moderator
I forgot to mention one thing:
If you have ANY joint accounts or assets, they can be levied too - CSE can come right in and wipe out your checking account if your husband's name is attached.
(Whether or not they will is anybody's guess - they tend not to if a regular payment plan is being followed, but they can still do so legally...in fact on another board we have one guy who has just gone through the exact same thing: despite being on a payment plan, they levied his bank account anyway and now he's going to have to go through a bunch of hoops to have a chance at having the money returned to him)
If you have ANY joint accounts or assets, they can be levied too - CSE can come right in and wipe out your checking account if your husband's name is attached.
(Whether or not they will is anybody's guess - they tend not to if a regular payment plan is being followed, but they can still do so legally...in fact on another board we have one guy who has just gone through the exact same thing: despite being on a payment plan, they levied his bank account anyway and now he's going to have to go through a bunch of hoops to have a chance at having the money returned to him)
army judge
Super Moderator
Sandra321, I understand your dilemma. But, Bay and Proserpina were trying to help you. In fact, they both offered sage advice.
I'll chime in, at the risk of piling on to say, you are (and your children) the innocents in this matter. But, your husband's other child has been injured, too.
You picked this deadbeat. You love him. You married him, and I hope you can influence his morality and behavior for the better.
I only hope he doesn't end up doing to you, what he's obviously done to another family. That's what Bay and Proserpina were telling you in a far more kinder, gentler, and subtler way.
None of his irresponsibility is your fault. Your family is harvesting and reaping the bitter crop he sowed a decade ago! God bless, and I hope you get the relief you deserve.
Yes, I understand that it is his responsibility. He has been making payments every week and they want to take our tax refunds as well. That doesn't seem fair. Child support is supposed to protect children, so I am angry, because it's not helping my children at all. I understand what you guys are saying, but you could have done it without all the nasty comments about my husband. I mean don't you think I feel bad enough about the situation without hearing more insults? I just wanted some advice and I appreciate that I just don't need the bad attitudes. You all are judging the situation without knowing anything behind the scenes, which I won't go into with strangers.
Proserpina
Moderator
Why would Mom's child support help YOUR children? *confused*
It has nothing to do with them - your husband is legally obliged to provide for ALL of his children and if his past irresponsibility has resulted in your children now having to go without certain things, the person you need to be angry with is your husband, not the volunteers on this site who have very generously donated time and effort trying to help you.
Is it fair that your tax refunds are being taken? Perhaps, perhaps not. Is it fair that Mom had to go without child support all that time? Absolutely not. No matter what you (and your husband) think about Mom (and I guarantee it's not exactly butterflies and rainbows - I can tell just from your posts), the child/ren were absolutely entitled to be supported by their father.
I'm sorry, but that's the legal reality.
You've been given the correct information; you need to contact IRS and download the correct form to file injured spouse.
It has nothing to do with them - your husband is legally obliged to provide for ALL of his children and if his past irresponsibility has resulted in your children now having to go without certain things, the person you need to be angry with is your husband, not the volunteers on this site who have very generously donated time and effort trying to help you.
Is it fair that your tax refunds are being taken? Perhaps, perhaps not. Is it fair that Mom had to go without child support all that time? Absolutely not. No matter what you (and your husband) think about Mom (and I guarantee it's not exactly butterflies and rainbows - I can tell just from your posts), the child/ren were absolutely entitled to be supported by their father.
I'm sorry, but that's the legal reality.
You've been given the correct information; you need to contact IRS and download the correct form to file injured spouse.
Why would that confuse you? Anytime money is taken away from a family that is struggling, even on 2 incomes, it hurts. So, yes it is hurting my children when i don't have money to pay all the bills and put food on the table. Especially when they take away our tax refunds, which could help us. I understand that my husband is legally responsible for his past mistakes, but it is hurting our family right now. We are struggling to provide for our own family. The checks are going to her and she is now re-married and does not have any young children to support at all.
Also, I was not angry at the people on this site, in fact I was very grateful, until I came back and saw that these kind volunteers are bashing the situation or making fun of without even knowing the background. Some of those comments were a little insulting. I thought I was going to get some legal advice from some professionals in this area here not insults.
I intend to do exactly that as far as filing an insured spouse form.
Also, I was not angry at the people on this site, in fact I was very grateful, until I came back and saw that these kind volunteers are bashing the situation or making fun of without even knowing the background. Some of those comments were a little insulting. I thought I was going to get some legal advice from some professionals in this area here not insults.
I intend to do exactly that as far as filing an insured spouse form.
army judge
Super Moderator
This is most unfortunate for you, your children, and the other child.
Many people have their tax refunds confiscated.
The refunds are confiscated because someone failed to honor a required legal obligation.
I'm no fan of the IRS, CSE, or the government.
That said, none of this would be happening now, had someone done what they were ordered to do years ago!
Proserpina is spot on, again, when she counsels; don't be upset with us. We've taken nothing, nor will we ever take anything, from you or your children.
Think about who caused this. Consider who failed to do then, that has resulted in the actions playing out today. Again, I regret your problem.
All you can do is contact the IRS and seek injured spouse relief. Be advised, however, that will only elongate this burden, ultimately increasing the fees and interests accruing; costing your family more money in the long run! God bless all of you.
Proserpina
Moderator
Tell a Judge in the court-room that he shouldn't judge you 
S/he, like everyone here, will base their comments on what you've said. And that's all any of us can do.
S/he, like everyone here, will base their comments on what you've said. And that's all any of us can do.
army judge
Super Moderator
Madam, with all due respect and deference, please know that no one is judging you.
We have no ability to do that, even if we chose to do so.
You are but one of many innocent parties being harmed by the irresponsible acts and poor choices of another person!
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