LovingMOM
(recently joined)
01/02/05 09:11 PM
attaching child support arrears to HIS IRS returns

Hi All. I need help. My ex-husband is in contempt of court twice, He behind about $10,000.00 in chidl support arrears. He lives in another state. I have no more money for attorneys. I want to find out HOW to get the IRS to attach this child support arrears to my ex-husband's IRS FEDERAL INCOME TAX RETURNS. YES, THEY CAN DO THAT, BUT THERE IS A process, and a couple of the attorneys I spoke with do not know HOW, because I am "in the system" in my state. Should I file a motion, pro-se? I've done that before. I have all evidence, calculations, etc, and I am really going under financially. I have 2 teenage daughters, and their "father" has not called, written or seen them in over 7 years. Can I just write to the IRS? Or do I have to go thru a judge? [color:red] [/color] Can anybody PLEASE help me?
Happy new Year to all of us. - Darlene


Mamame
(member)
01/03/05 06:30 AM
Re: attaching child support arrears to HIS IRS returns

I know that in New York if you are getting child support htrough child support enforcement they will automatically do this for you. I dont think it would hurt to call the IRS to see what you might have to do.

Pete
(member)
01/03/05 10:56 AM
Re: attaching child support arrears to HIS IRS returns

Child support enforcement will do this for you. They can/will file a civil judgment against him for the arrears as CS delinquencies are reported to credit reporting agencies. The IRS will not directly withhold his refund for delinquencies, but CS enforcement can likely help.

aussie928
(old hand)
01/03/05 02:54 PM
Re: attaching child support arrears to HIS IRS returns

actually mate..if his delinquencies are listed with a state agency that notifies the IRS... the IRS can and will withhold his refund.

Pete
(member)
01/04/05 02:35 PM
Re: attaching child support arrears to HIS IRS returns

Like I said, it has to be done through the agency in the state, can't be done directly. I did not mean to be unclear, other than to say that the CS enforcement will take care of it.

aussie928
(old hand)
01/04/05 04:32 PM
Re: attaching child support arrears to HIS IRS returns

Thats correct...a state agency does have to do this but a judgement/suit does not need to be filed. If the state agency notifies the IRS..the IRS will now put a lien against any refunds advising the taxpayer that they owe another Government agency. This used to be a long process as the government agencies did nto communicate with eachother. This has changed over the last few years. The funds are then submitted to the agency in Q and the agency submits a check to you. That is why you should always have your CS paid through the AGS office or like even if the relationship is an amicable one. If CS is not paid through a state agency, you have to contact them but you must be able to PROVE this money has not been paid. You cannot go directly to the IRS.


Contact Us Divorce Source Home

*
UBB.threads™ 6.5.1.1


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: