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Tax Question

Posted by on Oct. 30, 2013 at 11:17 AM
  • 19 Replies

I missed last year's tax return from the ex - he was in arrears for non-payment of cs.  How early can I file for the ex's tax return for this year's return? 

My ex is currently in contempt of court (for the fourth time) for non-payment of cs and loans  he owes me in accordance with our divorce agreement.  The judge ordered garnishments last June.  I received two payments in July then my ex had his tramp (now wife) file for separation in order to stop the garnishments from taking place.  My ex is currently living with the tramp as I have proof.  We are to go back to court in December for the fourth contempt of court charge.  I know he has no money and if he does it would be a miracle from above.  He is arrears over $9k.  I have to resort to whatever means in order to get the money he not only owes me but most importantly what he owes his own flesh and blood (our daughter). 

Any legal eagles here that can help me?

by on Oct. 30, 2013 at 11:17 AM
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Replies (1-10):
MeeshMom
by Platinum Member on Oct. 30, 2013 at 11:41 AM
I don't get what you mean by filing for his return. If he is not due a refund you won't get any money through those means. And if he didn't file a tax return at all then he's delinquent and will have his own consequences with the IRS at some point.
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happymommy1105
by Gold Member on Oct. 30, 2013 at 11:46 AM

i don't think you can file for somebody else's return.  that doesn't seem right.  

my ex is in arrears by a lot more than that.  

i wish he would get a tax return so that i could get it.  he doesn't get one though- that i am aware of.  

i mean i don't see how separating from your wife stops your child support garnishments.  

sid1083
by Silver Member on Oct. 30, 2013 at 12:02 PM

You already said he has no money . . . how can someone pay something when there's nothing to pay with?

steviechick
by Gold Member on Oct. 30, 2013 at 12:40 PM

As far as I know the ex has to file a tax return.  He's done so every year.  With that in mind, I know that one can have a lien on a tax return if there is currently a garnishment in place or if there is a court order to pay someone (me) money owed.  I already have that from the judge - hence the garnishments.  

My ex isn't separated from his current wife.  He still lives with her.  So, in essense he and the wife are commiting fraud.  He did this in order to stop the garnishments from taking place.  Yes, it doesn't matter if there is a "separation" in place, the ex still has a legal obligation to continue to pay me and his daughter. 

The ex has a means to get money - a part-time job.  But, he refuses to get one nor make any kind of extra income.  He has resorted to having his wife file a false claim so I don't garner any of his funds.    It won't play very well in court in December.  We meet before the same judge to oversaw my divorce and the ex's failed attempt at an appeal back in June. 

You can file a lien on a tax return if you have a court order giving you rights to collect that debt. 

I guess I will have to call the IRS and get the info.

 

owl0210
by Bronze Member on Oct. 30, 2013 at 3:18 PM
If he files a return and is due a refund it should go directly to you through a garnishment order.
krisnkids
by Gold Member on Oct. 30, 2013 at 3:52 PM

You can't file for his return, the government has to take it by putting a lien on his taxes, check with your child support enforcement office for that.

How did him filing for separation have his garnishment stopped?

steviechick
by Gold Member on Oct. 30, 2013 at 4:27 PM

 


Quoting krisnkids:

You can't file for his return, the government has to take it by putting a lien on his taxes, check with your child support enforcement office for that.

How did him filing for separation have his garnishment stopped?


I checked with IRS and they said that the lien has to come through the courts - the same courts handling my divorce agreement and garnishments.   So, I will have my attorney file for a tax lien on my court date.  I'm sure the judge will agree to the lien.

Filing for a separation means that his wife now gets the money I was receiving through garnishments.  I can only garnish up to 25% of his income.  Since she is 'separated' she now gets child support.  Isn't that messed up?  Simply filing for a separation can put a stop on a garnishment because my ex doesn't make enough to cover the child support (which is $1k per month) and child support support supercedes a garnishment in place.  Slick maneaver by the scumbag.  It only puts him more in arrears and pisses off the judge because he hasn't made any kind of steps to continue to pay me nor our daughter.     Legally, their separation has nothing to do with me.  The ex is still obligated to pay me and our daughter what he agreed to in accordance to the settlment agreement which he signed.

sid1083
by Silver Member on Oct. 30, 2013 at 5:32 PM

Just because a couple is still living together doesn't mean they can't be legally separated. Just because he is capable of getting at least a part-time job doesn't mean it will actually happen - even if a judge insists on it. I think while you have every right to be angry about this and expect him to pay, I think you put WAY too much time and effort into this endeavor. Something will happen . . . eventually. And sometimes no matter what you do, the process won't speed up. Let it go, and just be surprised *if* you ever see that money.

krisnkids
by Gold Member on Oct. 30, 2013 at 5:45 PM

Sounds like a real winner. Glad my ex is as naive as his wife. :)


Quoting steviechick:



Quoting krisnkids:

You can't file for his return, the government has to take it by putting a lien on his taxes, check with your child support enforcement office for that.

How did him filing for separation have his garnishment stopped?


I checked with IRS and they said that the lien has to come through the courts - the same courts handling my divorce agreement and garnishments.   So, I will have my attorney file for a tax lien on my court date.  I'm sure the judge will agree to the lien.

Filing for a separation means that his wife now gets the money I was receiving through garnishments.  I can only garnish up to 25% of his income.  Since she is 'separated' she now gets child support.  Isn't that messed up?  Simply filing for a separation can put a stop on a garnishment because my ex doesn't make enough to cover the child support (which is $1k per month) and child support support supercedes a garnishment in place.  Slick maneaver by the scumbag.  It only puts him more in arrears and pisses off the judge because he hasn't made any kind of steps to continue to pay me nor our daughter.     Legally, their separation has nothing to do with me.  The ex is still obligated to pay me and our daughter what he agreed to in accordance to the settlment agreement which he signed.



Misha1204
by LadyLiberty on Oct. 30, 2013 at 6:39 PM
Yep, this!

Quoting owl0210:

If he files a return and is due a refund it should go directly to you through a garnishment order.
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