child support payments

[wbonds]

My husband is currently paying child support through the state of Illinois. It is taken directly out of his check. He currently owes back payments and I would like to know if his tax refund is still eligible to be taken for child support payments.

 

[Duranie]

Yep, most certainly. The refund will be intercepted if he is in arrears,. Why should he get the refund when he owes C/S? The stimulus check is also subject to be intercepted.

 

[wbonds]

Hopefully I can get a reply from someone with less attitude. How would I go about getting my portion of a tax refund and stimulus payment.

 

[Duranie]

You can file the inured spouse form on the IRS website, or ask your accountant. Your husband's part of the return though and stimulus check will likely be taken.

 

[Tampatree]

What attitude? I thought that was a clear answer to your question.

 

[irish223]

Agreed! No attitude and nonjudgmental... and then Duranie was kind enough to answer her next question. That's class.

wbonds, you owe someone an apology.

 

[wbonds]

Why he shouldn't is because the children live with him and always has. Him and I work hard to take care of our children and the state says he owes child support due to his ex wife receiving state benefits for the children even though they don't live with her. So to imply that he is a deadbeat is passing judgment. Beyond that can anyone answer my second question. And offer and advice on how to fight the state on this matter.

 

[irish223]

Why he shouldn't is because the children live with him and always has. Him and I work hard to take care of our children and the state says he owes child support due to his ex wife receiving state benefits for the children even though they don't live with her. So to imply that he is a deadbeat is passing judgment. Beyond that can anyone answer my second question. And offer and advice on how to fight the state on this matter.

You're really reading too much into Duranie's words. No one said your husband is a deadbeat. No one passed judgment. The fact is, if he owes child support, then his share of those checks should be used to pay it. If you had included the additional information and asked your subsequent questions in the first post, then you would have gotten a different response.

Does your husband have court-ordered custody of the children?

 

[irish223]

Also, Duranie already answered the second question from your first post.

 

[Duranie]

If your husband has custody of the kids, he needs to file to stop the CS otherwise he will continue to owe arrears. He cannot simply not pay.

 

[alisaq]

You can file for the injured spouse to receive your half of return. If he is current in his support and current with the arrears court ordered payment, he cannot be eligible for federal offset.