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The state took my brothers tax return...what to do?

Here it is in a nut shell. My brother and his ex have been dovorced for about 18 months. He pays his child support on time every month (and makes her sign a paper that it is paid). He found out today that the state took his entire tax return to repay families first. She has been getting tanf payments and keeping the child support. How should he go about solving this problem? Any advice?

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Asked by j_barnhart4 at 5:17 PM on Apr. 4, 2011 in Money & Work

Level 2 (9 Credits)
Answers (10)
  • time to talk to a lawyer.

    Answer by zoejains_momma at 5:18 PM on Apr. 4, 2011

  • if they took it for child support he cant do anything to get it back, same thing happened to my husband. if its not for child support i have no idea

    Answer by NCmommie421 at 5:19 PM on Apr. 4, 2011

  • he should have her threw child support is the best way and safest way to grantee everything done right...

    Answer by iNk-FrEaK at 5:20 PM on Apr. 4, 2011

  • He doesn't want to report her because she will lose her benefits for at least a year, which will affect his kids. At the same time, she is getting help and support...not right at all. I think I will advise him to initiate a fraud report with the state. I'm wondering if he can sue her to get his return back since the state has been repaid and she has been collecting from oth ends.

    Comment by j_barnhart4 (original poster) at 5:24 PM on Apr. 4, 2011

  • Unfortunately when you directly pay someone court ordered child support the child support office considers that money no more then a gift. So he is out that money. HOWEVER, if she is getting TANF then the state is supposed to be garnishing his wages and she would not be entitled to that money. Here in NC the way it works is you give the state all but $50 of your child supp if you get Tanf. So if she is on Tanf he can and should call the fraud dept there and make sure they are aware she is in fact getting child support and keeping it. If anyone can help him it would be them. They can document she has been getting money, and if he has proof it would help.

    Answer by gemgem at 5:25 PM on Apr. 4, 2011

  • Oops posted mine before you said he didnt want to do that.

    He needs to go to child support enforcement than. He can open a case through them and pay them that way. They will give her money if she is entitled through that. It will however take money out of his kids mouths so if he is scared of that well there isnt away around that.

    Answer by gemgem at 5:26 PM on Apr. 4, 2011

  • He should be paying through CSE so that this can never happen again.

    Answer by ObbyDobbie at 5:31 PM on Apr. 4, 2011

  • He pays in cash and not through the system? That is the problem. He will likely never see the money. Sorry. Too much paperwork for them.

    Answer by parrishsky at 5:37 PM on Apr. 4, 2011

  • He will not get that money back. He could sue her but it is doubtful he will ever see the money and it would strain the relationship with his childrens mother. All he can do now is pay her through the state she will get less money but that is the way it has to be or he can accept every year his return will be taken.

    Answer by Anonymous at 5:43 PM on Apr. 4, 2011

  • if the state had a reason to take it, then it's not fraud...I really think it's in the best interest to have ALL types of support through a lawyer...that way it's legal and definite...signing a piece of paper won't get you anywhere, especially if someone is trying to screw you over.

    Answer by calliesmommie at 6:00 PM on Apr. 4, 2011

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