IRS Back child support

**keoka3** · 02-10-2006, 07:46 AM

My son just got his income tax deducted 1600, his wifes back child support, that she owes her mom. they went to court and she told the lawyer she hadn't been served, but she went cause her mom told her she would be put in jail if she didn't show up. the wife owes her mom cause she has custody of the child. the lawyer,(judge) said it didn't matter that she owed 1600 in back child support, and so much a week. she told the lawyer that she had a lawyer trying to get the child back. her mom told the judge when she got the child that she didn't want child support she could support the child on her own. but of course there is no proof of that. (not my son child) now her lawyer has filed a paper against the judge that charged her, because she has had the child since christmas, and cause she wasn't served. if she had filed by herself she would of had to pay in, the money my son was getting back was from his school loans, and his child. any suggestions.

**Advertisement** · 02-10-2006 07:46 AM

**hblueeyes** · 02-10-2006, 08:34 AM

If they filed jointly there is not much I think he can do however if the child is not your sons then that is a different story unless the child was born during the marriage then even if it is not his he may still be liable for support, this varies from state to stae. I'd call a lwayer, they usually will point you in the right direction during your first consultation, which are usually free. He may have to take her to small claims court to recoup his money.

Good luck

Me

***lassss*** · 02-10-2006, 08:36 AM

your son should have filed separately but since they filed jointly, child support CAN be taken out of the refund..sorry..maybe call the IRS to see if he can ammend his taxes to file separate

***ahippiechic*** · 02-10-2006, 08:43 AM

If they filed jointly, there's not much he can do about it.

***buttrfli*** · 02-10-2006, 08:58 AM

Originally Posted by ahippiechic

If they filed jointly, there's not much he can do about it.

exactly.

no offense, but if she had been paying her child support every month, then this wouldn't have happened. I have no sympathy for people who don't pay.

The IRS can't take the taxes unless there was a support order, so the wife had to have known that she was supposed to be paying something... and even on the slightest chance that she didn't know, its her child and she should have been helping regardless.

I don't know about other states, but child support is mandatory in Oklahoma no matter what the custodial grand/parent says about not needing the money. The only way to stop receiving child support is to have the mothers rights taken away.

***lassss*** · 02-10-2006, 10:00 AM

Originally Posted by buttrfli

exactly.

no offense, but if she had been paying her child support every month, then this wouldn't have happened. I have no sympathy for people who don't pay.

The IRS can't take the taxes unless there was a support order, so the wife had to have known that she was supposed to be paying something... and even on the slightest chance that she didn't know, its her child and she should have been helping regardless.

I don't know about other states, but child support is mandatory in Oklahoma no matter what the custodial grand/parent says about not needing the money. The only way to stop receiving child support is to have the mothers rights taken away.

Also with support order (in PA anyway) both parties need to submit their income and/order attend a conference meeting. So the wife had to know she owed child support

**twinfawn** · 02-10-2006, 11:33 AM

In Texas the spouse can file a certain paper, and get injured spouse, which means they only take out half of it....Better than nothing!

**luvangel72** · 02-10-2006, 12:35 PM

Originally Posted by twinfawn

In Texas the spouse can file a certain paper, and get injured spouse, which means they only take out half of it....Better than nothing!

Wisconsin too.

**fire_woman69** · 02-10-2006, 12:42 PM

Lets all remember that the IRS can take whatever they want.So I was told by them.All I know is that if you take the rights away from the mother she still has to pay child support regardless.At least thats what it is here in Idaho.She just won't see the child.Doing an injured spouse claim in most cases like this also doesn't help much.I've done it and gained nothing by doing it.Just costs more money to do it.Better off to file seperate.

**Quaker_Parrots** · 02-10-2006, 01:16 PM

If not his child, there IS something your son can do, he needs to file an injured spouse claim since that is not his debt. He can find the form online, or call the IRS and find out the form #. He can file this as long as he had income, and paid taxes during the year.

**justme23** · 02-10-2006, 02:20 PM

I hope what Quaker Parrots suggested will actually work... but I'm fairly certain, due to experiences some family members have gone through, that if they filed jointly that the money is gone.

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