Thread: IRS Back child support

the irs form is 8379. if your son does not owe the child support, it will protect his portion of the refund. it can be filed after the return has been filed no amended return is needed.

Form 8379 is the injured spuse form he needs to file it. The IRS will compute how much of the refund belongs to the husband from his income etc and how much of it belonged to the wife. BE VERY VERY careful filling that form out, he needs to answer that this was a debt of his wife that he cannot be held responsibile for.

We file every year due to some old debt and it takes almost 8 months to get our refund back and they remove the portion belonging to the injured spouse.

I dont condone people NOT paying child support , but if the spouse is not responsible or the biological father why punish him.

Filing separately you lose so much , The Child Tax Credit, EIC and if one itemizes the other has to and if they dont have anything to itemize oh well they will end up owing. Its not a fair system, I;ve did taxes for over 23 years and I hate how they can be so willy nilly on things.

But on the other hand, this child does deserve the support and if its not a financial strain leave it be because it will only hold up the refund for months on end by filing the Injured Spouse form and from experience personally and through clients the IRS has a habit of NOT processing the Injured spouse form or losing them even if filed electronicall and , you have to fight to get the Injured spouse their portion of the refund for months on end then they pay you interest for holding your refund and you have to pay taxes on it, yep a flawed tax system we have.

Our Child support system is flawed too, recently in our local paper they listed both father and mothers with pictures who were past due in support there were some in arrears over $300,000 and I dont get how they get away with it.

Originally Posted by buttrfli

Paying child support (ordered or not) does not include buying clothes and the like. Not very many courts will recognize reciepts for clothing or medical bills as paying child support. Paying for such things is just parental responsibility, not support....

I'll second that. Especially here in Tennessee where a specified amount is set to be paid weekly, bi-weekly or monthly; anything, monetary or otherwise, provided outside of that amount (or outside the payment method specified by the court) is considered a gift.

Tennessee law specifically states that the support set out by the Income Shares Method covers food, clothing and shelter. There are places in the form to insert extras such as child care costs, recurring medical expenses, and miscellaneous recurring expenses such as summer camp, school fees, sports fees, etc. All of these are calculated pro rata based on each parent's income.

Even with this method, child support still only covers a portion of what it actually takes to raise a child. Unless the noncustodial parent is making lots of money, it just doesn't add up right.

Sad but true...

I get my ex's taxes and have for the last 3 years because he owes so much child support. But since I have been getting his taxes it has gone down quite a bit.

Originally Posted by taz69

As a mother who hasn't seen child support for 13 years - my ex works "under the table" so they can't collect - I say more power to the IRS! When you have a child - you support him/her.

I am in the same situation as you. I received support for my daughter for less than two years. I would say it was probably a total of 18 months. She's now 18 years old. Her father went on some type of disability and I was sent a letter stating that they could not go after him because of the source of his income. My son's father hasn't paid in over five years. When he did pay it was very sporadically. He also finds under the table jobs so that they cannot collect from him. I'm at the point where I don't care anymore because what comes around goes around.

My son got the letter in the mail telling him he could file that form, him and her has got a child together, then she has this youngest one that her mom had now she has, they go to court at the end of the month to get her back from her mom but she has had her everyday since christmas, and they are having another one together. her mom's 9 yr old daughter gets a ssi check which goes to her mom car payment, car insurance, and cigrettes. she don't pay no rent, her husband also has 2 daughters that get ssi checks, that they don't see either. it seems like they have a different car every other week. the 9 yr old is in therapy, she is ADD, schizo, and depressed. that is another story but anyway, he got a letter telling him he could file, and the father of the child hasn't filed yet, his checks is now getting garnished to the mother of the child because he owes her back child support. her mom has had this child 5 mths, now it has been 5 months more cause of her lawyer putting everything on hold, when she should of had her 5 months ago. then she wouldn't of owed all this back child support, the lawyer has the judge going back to court at the end of the month for child support she don't owe, that he issued.

Originally Posted by Patchouli

I am in the same situation as you. I received support for my daughter for less than two years. I would say it was probably a total of 18 months. She's now 18 years old. Her father went on some type of disability and I was sent a letter stating that they could not go after him because of the source of his income....

How nice! They can collect past due student loans from disability checks, but not child support??!! That's exactly what's wrong with the current system!

Originally Posted by kyswpgrl

You know they can still collect on backpay regardless of what the kids' age is? Of course if they continue to work under the table it won't matter. But I guess you can always hope that one day you'll wind up with some money. hehe

In Tennessee you can collect child support arrearages, with interest, until the child is 27 through a private attorney or child support enforcement. There is also an alternative of, once the child reaches eighteen, having the child support arrearages converted to a monetary judgment then you can attach all sorts of things; such as income, real estate, vehicles, etc.