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    bambi2000's Avatar
    bambi2000 Posts: 5, Reputation: 1
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    #1

    Oct 26, 2007, 07:42 AM
    Can they hold income tax returns for past due child support?
    I am going back to court again for past due child support. My ex has been delinquent on payments since 2005 . My ex also owes retro active support. An income deduction order is in effect, though he switched jobs two weeks after it was enforced with his employer in 2005. The state has already put a lien on him in 2006 for past due amounts. I am wondering if any body know if they can take the past due amounts from his income tax refunds? I would like some info so I can present it when we go back to court, even if it is just a suggestion to the judge that I make, I want to know if it is even possible. Any info would be greatly appreciated. Thank you in advance!:)
    shygrneyzs's Avatar
    shygrneyzs Posts: 5,017, Reputation: 936
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    #2

    Oct 26, 2007, 07:46 AM
    You bet they can and they do! Just go and talk to my ex husband. They can withhold state and federal income taxes until the back support is paid.
    cjonline's Avatar
    cjonline Posts: 217, Reputation: 19
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    #3

    Oct 26, 2007, 09:49 AM
    It's done that way more often than one would think. I would bring that up to a Judge.

    In Virginia they also take away drivers licences, passports and/or put them in jail. In some cases they take their trade licences so they can't work -- I never understood that though; if he can't work he can't pay the support. I'm sure each area has their own extra stuff they do. Hamptonroads just started this thing were they put your name, picture and amount you owe in a huge add the local paper once a month. Its "found" lots of parents and collected 100's of $1,000, here. DCSE asks for a picture of the NCP when you file with them for that reason. Look into what your state's enforcement agency does and take the case to them let them do the work of collecting for you.
    famlee's Avatar
    famlee Posts: 79, Reputation: 6
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    #4

    Oct 26, 2007, 10:28 AM
    I think the lien on federal taxes has to be filed by a certain date to guarantee holding on the taxes being filed Jan-April 2008. This is what a child support enforcement worker told my friend. Whether it's true or not, not sure. If the state is helping you collect the child support, talk to your child support enforcement case worker. They are the ones who will file the lien. Just be prepared to wait on your money even if they do get his taxes. It will sometimes be towards end of year before everything gets "processed."
    famlee's Avatar
    famlee Posts: 79, Reputation: 6
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    #5

    Oct 26, 2007, 10:36 AM
    Quote Originally Posted by cjonline
    It's done that way more often than one would think. I would bring that up to a Judge.

    In Virginia they also take away drivers licences, passports and/or put them in jail. In some cases they take their trade licences so they can't work -- I never understood that though; if he can't work he can't pay the support. I'm sure each area has their own extra stuff they do. Hamptonroads just started this thing were they put your name, picture and amount you owe in a huge add in the local paper once a month. Its "found" lots of parents and collected 100's of $1,000, here. DCSE asks for a picture of the NCP when you file with them for that reason. Look into what your state's enforcement agency does and take the case to them let them do the work of collecting for you.

    They take those things in Missouri also. They even take their hunting/fishing license. As for the trade license and drivers license... I can understand the opposing argument "if they don't have those they can't work, if they can't work, they can't pay" but, how long have they had those things and obviously was either not working or working and not paying? However, it does get their attention. In Missouri, if they suspend them, then they can go talk to child support(depending on amount behind) and sign an payment agreement and agree to pay their child support + a payment on the past due and have their license re-instated.
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #6

    Oct 26, 2007, 11:50 AM
    If one parent is behind in child support... their tax refunds should automatically come to you... I know I did, and I never even metioned it or was told about it. I get all my daughters fathers tax returns, and have gotten so since she was born (well minus the past 3 years when he refused to file so I wouldn't get them).

    But if you are not automatically getting his tax returns, you definitely need to bring it up in court.
    famlee's Avatar
    famlee Posts: 79, Reputation: 6
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    #7

    Oct 31, 2007, 02:13 PM
    Quote Originally Posted by macksmom
    If one parent is behind in child support...their tax refunds should automatically come to you....I know I did, and I never even metioned it or was told about it. I get all my daughters fathers tax returns, and have gotten so since she was born (well minus the past 3 years when he refused to file so I wouldn't get them).

    But if you are not automatically getting his tax returns, you definitely need to bring it up in court.
    Tax returns aren't automatically sent to the custodial parent if the custodial parent is behind on child support. The IRS doesn't know who is or isn't behind on child support. Child support enforcement agency or the court has to file with the IRS before the non custodial parents taxes are taken. If the non-custodial parent is behind and the child support case worker is doing their job and are not overloaded, then they will file for intercept of taxes, and the custodial parent isn't always notified that this is happening. They find out when they get the check in the mail or when they get the call from the angry non-custodial parent telling them that they just talked to the IRS and was told their taxes were intercepted for back child support.

    But, yes, if she isn't getting his taxes and he is really far behind, she needs to speak to child support enforcement or the court about getting the proper things filed so that his taxes are intercepted and sent to her.
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #8

    Oct 31, 2007, 08:05 PM
    Quote Originally Posted by famlee
    Tax returns aren't automatically sent to the custodial parent if the custodial parent is behind on child support. The IRS doesn't know who is or isn't behind on child support. Child support enforcement agency or the court has to file with the IRS before the non custodial parents taxes are taken. If the non-custodial parent is behind and the child support case worker is doing their job and are not overloaded, then they will file for intercept of taxes, and the custodial parent isn't always notified that this is happening. They find out when they get the check in the mail or when they get the call from the angry non-custodial parent telling them that they just talked to the IRS and was told their taxes were intercepted for back child support.

    But, yes, if she isn't getting his taxes and he is really far behind, she needs to speak to child support enforcement or the court about getting the proper things filed so that his taxes are intercepted and sent to her.
    I didn't say it was IRS's responsibility... what I was more trying to point out, is that should automatically be taken care of by child support.

    The OP was asking what she needed to present in court... she shouldn't have to present anything... at least I didn't.

    When a parent is behind on child support, the child support office should automatically generate something to the IRS.

    I NEVER mentioned getting my daughters fathers tax returns... it was never discussed in court... it was never written into our child support order... all of the sudden I got his tax refund.

    But I agree, child support offices are extremely overloaded and it is easy to fall through the cracks, that's why I said to contact the local child support office.
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