They took our taxes!!!!!

[Anonymous]

So hubby was sent a letter saying he owed $16000 in back child support. Of course I stopped breathing. So to make a long story short, we fought it in court and won. The court declared we did not owe anything back. So I filed our taxes thinking we were safe. I was wrong. Apparently the IRS didn't get the memo and sent our return to her. The only recourse we have is to ask her for the money back and hope she gives it, or sue her. I plan wholeheartedly on taking this to court if it comes to it. I will not ask his permission, I do not care how he feels.

[Anonymous]

That sucks.

[marchantmom06]

Why didn't he have to pay his support? Did he pay for the child?

[angie729]

Why cant you file an adment with the court papers saying you dont owe? My friends dds mom claimed her and he was supposed claim the child. He filed an admendment and showed the court papers. They sent him a check for what was owed to him and went after the dds mom to pay back the irs.

[lv.42.dy]

Whoa. That sucks. Hope it gets straightened out.

[Anonymous - Original Poster]

They didn't say he didn't have to pay support. My husband has to pay support for his child. He proved he did not owe the back support.

[resipsa]

you have to have his permission. you dont have legal standing to get this. besides, filing a lawsuit like this without his agreement is a stupid thing to do in terms of your relationship.

did you check to see if they really gave it to her? often these things go through your state atty general's office. your husband should contact them first.

[Anonymous - Original Poster]

@angie729, the two tax attorney's I consulted with said we had to go after her in small claims court to recoup that money. I guess perhaps there is a difference between fraud and just plain error?

[.shank.]

Lol you have to have his say in the matter. It's not an option to not have it in the eyes of the court.

[wodntulk2kno1]

contact child support the hold the money for about 6 weeks before releasing funds. and also take The court order down to them. this happened with my s/o after a dna test and child support didnt send the irs the memo. he ended up getting money back a few weeks later

[ambermarie2006]

Because it was IRS error and not her frauding the system. I would just ask her first, then go from there since you have a judgment

Quoting Anonymous:

@angie729, the two tax attorney's I consulted with said we had to go after her in small claims court to recoup that money. I guess perhaps there is a difference between fraud and just plain error?