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Tax question

Posted by on Jan. 25, 2010 at 11:27 AM
  • 7 Replies

Me and my sons father are divorced. In the divorce papers it states that we alternate years claiming our son as a dependant. This is his year to claim him. He is behind about $1000 in child support. I was told by the child support enforcement agency that they will take the amount behind from his tax return and give it to me. My question is, since he will be filing taxes with his wife, will I still get what I am owed?

by on Jan. 25, 2010 at 11:27 AM
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Replies (1-7):
notjstanothrmom
by Ruby Member on Jan. 25, 2010 at 11:28 AM

No clue. Bump! I hope you do.


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YoungMommy182
by on Jan. 25, 2010 at 11:30 AM

No you won't. HE has to file for it for you to get the money.

tracey111005
by Bronze Member on Jan. 25, 2010 at 11:33 AM

Pretty much he will have to file by himself, without the wife?

Quoting YoungMommy182:

No you won't. HE has to file for it for you to get the money.


teri4lance
by Platinum Member on Jan. 25, 2010 at 11:33 AM

it depends. if she was the only one with income, she may file as injured spouse and avoid paying his debts. if he had income, only his amount will be taken if they both had income - so as long as he has a refund, it will come from his portion.

a smart deadbeat would have as little taken from his check as possible, to avoid over payment, while letting his wife have more taken out to cover their combined tax liablity - so depending on whether he's a smart deadbeat or a not so smart deadbeat you may or may not recover your back-support.


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tracey111005
by Bronze Member on Jan. 25, 2010 at 11:37 AM

Well, he was the one working, and his wife did not. As for smart-him not so much. His wife would be the one to make sure the money doesnt get taken out of their return.

Quoting teri4lance:

it depends. if she was the only one with income, she may file as injured spouse and avoid paying his debts. if he had income, only his amount will be taken if they both had income - so as long as he has a refund, it will come from his portion.

a smart deadbeat would have as little taken from his check as possible, to avoid over payment, while letting his wife have more taken out to cover their combined tax liablity - so depending on whether he's a smart deadbeat or a not so smart deadbeat you may or may not recover your back-support.


teri4lance
by Platinum Member on Jan. 25, 2010 at 11:39 AM


Quoting tracey111005:

Well, he was the one working, and his wife did not. As for smart-him not so much. His wife would be the one to make sure the money doesnt get taken out of their return.

Quoting teri4lance:

it depends. if she was the only one with income, she may file as injured spouse and avoid paying his debts. if he had income, only his amount will be taken if they both had income - so as long as he has a refund, it will come from his portion.

a smart deadbeat would have as little taken from his check as possible, to avoid over payment, while letting his wife have more taken out to cover their combined tax liablity - so depending on whether he's a smart deadbeat or a not so smart deadbeat you may or may not recover your back-support.


the only way they can avoid it is if it's her income  (injured spouse) or if he doesn't get a refund (limited his withholdings)

zianneaaliyah
by on Jan. 25, 2010 at 11:44 AM

I think you will because I had a friend in the same position and a portion of her and her husband's tax return always went towards his back CS payments.  And she had income, LOL! 

 

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