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If someone is in rears for child support, do i get the income tax he filed?

He is in rears( 4,788) and he just filed income tax. Do I get his income tax? When I called domestics, they said harrisburg sends a letter. Anybody know the procedures?

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Asked by Anonymous at 1:19 PM on Feb. 16, 2011 in Money & Work

Answers (11)
  • Usually yes you will get some of it. Might not get it all though. I got 500 and my sons dad is over 10 g in arrears

    Answer by Mrs_Harsh at 1:20 PM on Feb. 16, 2011

  • if u have a case open with the state than yes they do send u money from his tax return, but that really depends on if he owes money to the government too because if so the government gets the first cut of his money before you do. my son's sperm donor hadn't paid child support since 2007 and i only got 73 dollars from his tax return because the government took the rest.

    Answer by khmymommi at 1:21 PM on Feb. 16, 2011

  • you should get what he owes you out of his taxes but i live in PA if your domestic relations is anything like the one here alls i can do is wish you luck

    Answer by jodi205 at 1:21 PM on Feb. 16, 2011

  • My husbands total refund was intercepted and given to ex....
    It may even depend on the state

    Answer by MrsDAP at 1:21 PM on Feb. 16, 2011

  • I'm in PA as well.... ex is in MD

    Answer by MrsDAP at 1:22 PM on Feb. 16, 2011

  • Yes I know them. My ex never paid all I ever got was his tax returns. What happens is they seize them and than he has 6 months to fight it or file for an injured spouse claim if he is remarried. Since the state really wont know his domestic situation they give them 6 months to bring any issues as to why the whole refund shouldnt be taken to their attention. After the 6 months they release those funds to you.

    Answer by gemgem at 1:23 PM on Feb. 16, 2011

  • If he has filed taxes and doesn't owe the government anything you will get the check. because the first time mine was behind i recieved his check. now he avoids filing . and according to them even though i have given them all kinds of info on his wear abouts they can't find him.

    Answer by princesschilly at 1:26 PM on Feb. 16, 2011

  • I am not sure what state you are in, but in Arkansas, if you are usign the services of Child Support Enforcement, then they will intercept his tax return. If you do not have the state agency helping you collect it, then you will not get his return. Only this agency has the power to intercept a return, not even our Courts have that power.

    Answer by shanshanar at 1:27 PM on Feb. 16, 2011

  • Only the "District Attorney" can file against his income tax return, but if he has a spouse, they can file as head and an "Ijured Spouse" since it is a debt they inccured before being with them... GL

    But Distict Attorney takes their cut.. so it'll count as whatever he would ahve gotten back but you won't see it all

    Answer by MommaClark3 at 1:35 PM on Feb. 16, 2011

  • I got my ex's refund, but he has to have been behind in Oct of the previous year in order for the state to file their paperwork to have their tax refund intercepted. There was no cut taken out of it and I didn't have to wait 6 months. I got the entire refund, every penny, in April - state and federal.

    Answer by missanc at 1:47 PM on Feb. 16, 2011

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