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How do you check Back child support and taxes....

My husband's ex-wife is way behind on child support and just went to court for it and she said she was going to pay it off with her and her husband's income tax check (since she doesn't work she is one of his dependents). She said she did it last month and we should get the check any day now. Is there anyway to check with the IRS to see if she really did and how long it will take to get it? We keep checking the AG website daily. She said they did it at the tax office and the person said they would send us the money within 21 days and then they would get whats left, if any, in 120 days.
So basically I'm just asking if there is a way other than the attorney general website to check and see if she did send the money through her taxes and if she did whats the status of it or if she is lying yet again.

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aheuszel

Asked by aheuszel at 4:06 PM on Mar. 16, 2012 in Money & Work

Level 17 (3,855 Credits)
Answers (14)
  • She's saying that the company she filed her taxes with will send you the money? Or the IRS will?

    Sounds a little fishy to me, unfortunately. I can see the IRS taking their refund and applying it to back child support but if the IRS did NOT do that I don't see them sending you the refund directly.
    BrawnwynII

    Answer by BrawnwynII at 4:27 PM on Mar. 16, 2012

  • If she does not work, how can she be liable for child support?
    rkoloms

    Answer by rkoloms at 4:28 PM on Mar. 16, 2012

  • I know in my state (Michigan), the state can hold the payment for up to 6 months...especially if a new spouse is attached to the return since that is technically there money too and here they have to sign off on their portion to say it is okay to use toward back child support. They might not be lying, but I would call and see if the court is holding it for any reason.
    Mom-2-3-Girlz

    Answer by Mom-2-3-Girlz at 4:30 PM on Mar. 16, 2012

  • Oh, and I agree that she can't really say "send my return to them", but there may be a lien on her taxes for the back support, so that could be what she meant. If there is a lien for a certain amount, they would get whatever is left after the amount that is owed for the child support is paid.
    Mom-2-3-Girlz

    Answer by Mom-2-3-Girlz at 4:32 PM on Mar. 16, 2012

  • Failure to work, at least in Minnesota, is not an opt out for child support.
    BrawnwynII

    Answer by BrawnwynII at 4:39 PM on Mar. 16, 2012

  • She said they did sign something so they could send the back child support to the attorney generals but I do have my doubts with her because she has been saying for the past 3 years she was going to start paying with her income tax but this year I have a feeling she paid it because she was scared of going to jail and she said when they did their taxes she signed something. I have look online trying to see if anywhere it would show if they took it out of their taxes but I can't find anything.

    She still has to pay child support even if she doesn't work. He is still her kid and she still expects us to meet her half way so why would she not have to pay? You would expect any man to pay child support if they worked or not. Its no different for dead beat Momma's.
    aheuszel

    Comment by aheuszel (original poster) at 4:42 PM on Mar. 16, 2012

  • I agree...failure to work does not mean that the parent is not responsible for supporting the children he, or in this case SHE, made. Children don't survive on magic. Both parents are responsible for making sure the children are provided for.
    Mom-2-3-Girlz

    Answer by Mom-2-3-Girlz at 5:33 PM on Mar. 16, 2012

  • I know in my state, the child support enforcement office garnishes the tax refund (if there is one) to pay back child support if there is any owed. I don't know how you could check, other than calling the child support enforcement office in your state.
    missanc

    Answer by missanc at 6:07 PM on Mar. 16, 2012

  • The government can take her tax refund to pay the past due child support, but when they do that, she doesn't sign anything - it's usually based on a court order that says she's behind and that any tax refunds, income, etc. is to be garnished to pay what's in arrears. Usually, when this will happen, your husband would get a letter (I'm not sure if it comes from the IRS, the state child support agency, or who) that would tell him that her tax refund, if any, will be garnished. As far as the attorney general...I don't know the laws for every state, but I've never heard of the attorney general being involved in child support.

    If she has nothing to show you that proves she paid it, the only advice I can think of to find out would be to check with (if your state has one) the state disbursement unit for child support, possibly the department of revenue (if they have a child support enforcement division) or the clerk of court.
    wendythewriter

    Answer by wendythewriter at 8:33 AM on Mar. 17, 2012

  • She quit working 6 years ago when she was order to pay child support so we haven't got anything since we filed with the AG last year and they took her to court and threaten jail time if she didn't get caught up and start paying. Gas is getting so expensive it would just be nice to get a little to compensate for the gas every time we have to meet her.
    The Attorney General is the child support enforcement in Texas and that what the payments go through. All we have is her word and her word has never meant anything. I guess if we get a nice check we get it and if we don't we don't. Thank you :)
    aheuszel

    Comment by aheuszel (original poster) at 1:11 PM on Mar. 17, 2012

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