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Has a question about Child Support?!?!?!?!?! (HELP)

My husband has a 16 month old son that we are in and out of court with every other month and Child support hasn't been awarded yet. But she did file for it in march of this year. When the judge finally orders Child Support, when he has to pay the back support, will they take his tax return? I am asking this because we are married and we normally file together but if they are going to take it this year, I want to file seperate! Does anyone know how this works? And if we can still file together and they just take his portion? I am all new at this and I am a little concerned? Thanks!

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Asked by haydensmom09 at 1:37 PM on Nov. 17, 2009 in Relationships

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Answers (11)
  • They can take the full tax return. f you file joint they can take the whole return still. Wouldn't it be better just to pay what he owes? The child deserves the $ and your husband should have taken care of his business in the first place

    Answer by Anonymous at 1:42 PM on Nov. 17, 2009

  • Yes he will have to pay his back childsupport from the time that she applied for it and Childsupport will intercept your tax refund every year untill the back childsupport is paid in full. So yes you will want to file seperately for sure!

    Answer by AProsser at 1:44 PM on Nov. 17, 2009

  • Well my husband is taking care of his business, don't be so quick to judge you don't know the whole story, he is giving her money each month, but it's probably not as much as the courts are going to award! We would pay what he owes if 1 we new what it was and 2 if we had just all that money sitting around.

    Thanks AProsser, that's the answer I was looking for, not the one above you thats just so quick to judge people I guess that's why they remain Ananymous! UGHHHH I hate people like that!

    Answer by haydensmom09 at 1:49 PM on Nov. 17, 2009

  • you should be already holding the money in your account to pay to the mother when it's awarded. you can get online and do a file 14 or child support calculator to see about what you need to save.

    Answer by angevil53 at 2:03 PM on Nov. 17, 2009

  • oh don't give her ANY money till it's awarded, she can say she never recieved a dime and even if you can prove you have given it to her it wont come off the total you owe her.

    Answer by angevil53 at 2:05 PM on Nov. 17, 2009

  • You can either file separately, or after filing jointly and having the entire refund seized you can file an "injured spouse" claim. Personally it would be quicker and easier to file separately.

    Answer by Anonymous at 2:41 PM on Nov. 17, 2009

  • I agree with angevil53, do not give her money unless you have her sign something saying she received an X amount of money each time, or she can say she never received a dime. Then when CS is awarded, let them know how much he has already paid, so they can take that off the amount. But file seperately if you would like, because until he is up to date they will take his taxes. Good luck

    Answer by 54313MomOf4Boys at 2:44 PM on Nov. 17, 2009

  • Thanks guys for all the answers, it's really helped alot! I was just so concerned, I mean I know I am married to him and whats his is mine and whats mine is his. But I didn't make my SS and I should have to pay for it! I love my SS with all my heart don't get me wrong but I also have a little girl I have to support too, as does my husband! Yes him and I had our little girl back in January, so her and my SS are 5 1/2 months apart. Yeah long story, hubby and I weren't together or even married at the time when he concieved SS! Sorry if you want more info about it all just email me!

    Answer by haydensmom09 at 3:02 PM on Nov. 17, 2009

  • My x's wife has to give me her tax return so it doesn't matter how you file, the mom gets the money. He should have been putting money in a bank account for the past 16 months so he could make a lump sum payment and you not worry about it but men don't think. It's like they think child support won't add up or that they don't have to pay until the court says. No one seems to teach them about Arearage.

    Answer by admckenzie at 3:48 PM on Nov. 17, 2009

  • Well I didn't give birth to my SS, I dont see why I would have to give them my money, I have a child of my own to raise. Second of all my mother had to pay child support on my brother and I and when she lost her job, the ONLY reason my Stepdad paid it for her was so that she didn't go to jail. So I don't know where you got that I would have to give her my tax return or my money! I WILL FIGHT tooth and nail if it comes down to that, I have a 10 month old to raise, and I am not going to raise another!

    Answer by haydensmom09 at 4:06 PM on Nov. 17, 2009

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