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Child support question

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Ok so I just got my papers in the mail yesterday and I was wondering how this works (I live in CA) I revive cash aid so I know th money goes back to the state but I've heard I get some of the money and how does it wrk when he files income tax...?
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by on Dec. 16, 2012 at 8:16 PM
Replies (11-20):
Misha1204
by on Dec. 17, 2012 at 9:19 AM
Well, I live in Ohio....double check in your state. I got dd's dad's taxes for the last 2 years....entire federal.....$1100 last year & $700 this year.

Quoting Soasabre99:

Is this true for all states?  My ex is behind over $2000 which I know is a lot compared to some moms but when I read this it gave me hope of getting some of the money in the coming months at least.


Quoting Misha1204:

When he files his taxes, you'll get whatever he owes in arrearages.


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GI_Jane230
by on Dec. 17, 2012 at 9:33 AM
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I don't really know CA law but I think the divorce decree should state about whether he can claim her on the taxes and it usually is contingent on child support being current.  If he is not current and receives any sort of refund, it will come directly to you.  The IRS doesn't play.  My son is 21 and I still get his father's income tax refund every year (he hasnt paid child support since my son was 12). 

If you were not married and it is a "baby daddy" situation, the same rules should still apply.  He can't claim her unless you expressly agree.  The IRS has a form you have to fill out.  The child support order should address this issue also.

Soasabre99
by on Dec. 17, 2012 at 9:40 AM


Quoting GI_Jane230:

I don't really know CA law but I think the divorce decree should state about whether he can claim her on the taxes and it usually is contingent on child support being current.  If he is not current and receives any sort of refund, it will come directly to you.  The IRS doesn't play.  My son is 21 and I still get his father's income tax refund every year (he hasnt paid child support since my son was 12). 

If you were not married and it is a "baby daddy" situation, the same rules should still apply.  He can't claim her unless you expressly agree.  The IRS has a form you have to fill out.  The child support order should address this issue also.

Is there something you have to fill out to make sure you receive the arrears he owes or do they just search the social security numbers or something?  I think  I remember receiving something last year around the beginning of the month to get him caught up but I figured it was the army making him pay the money he was behind in.  Maybe it was from his tax refund but if that was the case then I am sure I would have heard something about stealing his money or some mess like that!!

Mommyto2LilMen
by Tina on Dec. 17, 2012 at 9:56 AM
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I'm from ND so not sure but it looks like others do!! Good luck.
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GI_Jane230
by on Dec. 17, 2012 at 10:04 AM

 

Quoting Misha1204:

Well, I live in Ohio....double check in your state. I got dd's dad's taxes for the last 2 years....entire federal.....$1100 last year & $700 this year.

Quoting Soasabre99:

Is this true for all states?  My ex is behind over $2000 which I know is a lot compared to some moms but when I read this it gave me hope of getting some of the money in the coming months at least.


Quoting Misha1204:

When he files his taxes, you'll get whatever he owes in arrearages.

 

Yes, it should apply in all states, however, there has to be a valid child support order on file.  Also, he has to file taxes and receive a refund. If there is no refund there is nothing to give you. 

easinpc
by Gold Member on Dec. 17, 2012 at 12:31 PM
1 mom liked this

I don't know but here's a bump for you!

GI_Jane230
by on Dec. 17, 2012 at 6:48 PM

If there is a child support in the system, a flag is put on his social security number.  If he files taxes and a refund is due, it will automatically go to you.  He may catch on and stop filing taxes, or change his exemptions so that he doesn't get a refund. 

faerie75
by Ruby Member on Dec. 17, 2012 at 7:19 PM
1 mom liked this
You get a 40 or 50 aside and no you don't get his taxes, the state does.
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EachNewBreath
by on Dec. 17, 2012 at 11:36 PM
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oue divorce decree states that he gets to claim my son every even year so long as he is current on his child support. Other wise he doesnt get to claim him and I get the entirity of his refund. (WA state) 

Soasabre99
by on Dec. 18, 2012 at 8:24 AM


Quoting GI_Jane230:

If there is a child support in the system, a flag is put on his social security number.  If he files taxes and a refund is due, it will automatically go to you.  He may catch on and stop filing taxes, or change his exemptions so that he doesn't get a refund. 

So how would that work if he files married now with another women...still the same thing?  There is a court order in place so I am sure his social security number will be flagged but he is now married again so I'm not sure if he will file married jointly with her or not.  He is in the army so he has a job and therefore he has to file taxes...right??

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