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cs question

Posted by on Jan. 26, 2013 at 9:08 PM
  • 7 Replies

I was wondering if you guys would know the answer to this. 

Ex had a baby last year, I get his income tax money towards back support. When he files, what will happen? Will I still get it since he has the baby or will I not get it? I am unsure about this. I need to know because I plan on using some of that money to help pay for a class I want to take and I want to get a jump start on getting DS the things he will need for kindergarten. 

by on Jan. 26, 2013 at 9:08 PM
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Replies (1-7):
grneyedormom
by Kendra on Jan. 26, 2013 at 9:25 PM
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It likely depends on whether there is still a lien in place on his state and/or federal returns. You may not get the entire return if he is remarried and his new spouse files an injured spouse claim for "her" portion of their return. I think you'll just have to wait and see what you'll end up getting and plan for paying for those things yourself at this point. Does he not pay regular payments?

ckmom2013
by on Jan. 26, 2013 at 9:43 PM

how would his baby get the money? If he is in arrears, then he won't get any money for filing it will go to the arrears? If he knows he is going to have to give up his refund check, his other girlfriend can claim that child and still get the money. You probably will get someting.

momma1708
by Member on Jan. 26, 2013 at 10:03 PM

I don't think she works. Last I heard she was staying home with the kids. 


Quoting ckmom2013:

how would his baby get the money? If he is in arrears, then he won't get any money for filing it will go to the arrears? If he knows he is going to have to give up his refund check, his other girlfriend can claim that child and still get the money. You probably will get someting.



momma1708
by Member on Jan. 26, 2013 at 10:07 PM


They aren't married and we were never married. The cs website says that they are still taking his income tax money. He does but the cs is only the minimum one can pay in Fl with like $20 going towards the back support. He owed over $8,000 in back support. The last 2 years I have gotten his income tax. 

Quoting grneyedormom:

It likely depends on whether there is still a lien in place on his state and/or federal returns. You may not get the entire return if he is remarried and his new spouse files an injured spouse claim for "her" portion of their return. I think you'll just have to wait and see what you'll end up getting and plan for paying for those things yourself at this point. Does he not pay regular payments?



ckmom2013
by on Jan. 26, 2013 at 10:09 PM
Im guessing you would still get it or a portion of it. I cant wait to get my ex's check. For all that he doesnt do, i think its only right.
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momma1708
by Member on Jan. 26, 2013 at 10:13 PM


Yeah my ex is MIA. Haven't heard from him in over a year. The only reason I get cs is because it is garnished from his paycheck. 

Quoting ckmom2013:

Im guessing you would still get it or a portion of it. I cant wait to get my ex's check. For all that he doesnt do, i think its only right.



grneyedormom
by Kendra on Jan. 26, 2013 at 10:48 PM

Then I would presume that you will continue to get some of his return until the arrears is paid in full, which will likely not happen since it sounds like he's not paying it current each month. (Where I live, arrears is an additional 20 or 25% on top of the ordered monthly amount). Can you modify your support order for more?

Quoting momma1708:


They aren't married and we were never married. The cs website says that they are still taking his income tax money. He does but the cs is only the minimum one can pay in Fl with like $20 going towards the back support. He owed over $8,000 in back support. The last 2 years I have gotten his income tax. 

Quoting grneyedormom:

It likely depends on whether there is still a lien in place on his state and/or federal returns. You may not get the entire return if he is remarried and his new spouse files an injured spouse claim for "her" portion of their return. I think you'll just have to wait and see what you'll end up getting and plan for paying for those things yourself at this point. Does he not pay regular payments?




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