My husband went to court in Sullivan ,Indiana July of 2008.and had both children emancipated. Oldest child is 22, married, and doesn't live with mother. The second child is 19 and doesn't live with mother.While in court, he was told that he owed 870.03. The court has 2,400 from our Stimulus check that was sent to them.The court said that they could hold our money up to six months. Why can't the court release the 870.03 and send us our over payment? The support payments have always came out of our pay on an allotment. Once the kids turned 18, the government stopped taking the money out of our retirement. We fiqured that it was all done. The ex-wife never had the kids emancipated and we did not find this out until our taxes and stimulus check were taken from us this year. Sounds all crazy but is all true.. Who can I contact to get our money back because I don't think it's right for the court to hold our over payment.

Sounds easy but it's a little complicated. Ill try to explain. They put a hold on your money from the government. The government sent it to the state. YOU have the right to file injured spouse on the monies as your not actually responsible for the money.. its your husband that's responsible for it.(the debt / arrears or whatever the courts are calling it. ) So in fact the amount they received could change. That's why the money is on " hold ". Lets say as example you filed the injured spouse and the state returned what was left over from what they had gotten. See ? I know it sounds dumb. But if anyone that looks in the mirror and sees corruption everywhere it's the government for sure. Good Luck.

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Originally Posted by Vagirl6

My husband went to court in Sullivan ,Indiana July of 2008.and had both children emancipated. oldest child is 22, married, and doesn't live with mother. The second child is 19 and doesn't live with mother.While in court, he was told that he owed 870.03. The court has 2,400 from our Stimulus check that was sent to them.The court said that they could hold our money up to six months. Why can't the court release the 870.03 and send us our over payment? The support payments have always came out of our pay on an allotment. Once the kids turned 18, the government stopped taking the money out of our retirement. We fiqured that it was all done. The ex-wife never had the kids emancipated and we did not find this out until our taxes and stimulus check were taken from us this year. Sounds all crazy but is all true.. Who can I contact to get our money back because I don't think it's right for the court to hold our over payment.

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I already talked to the IRS.As I went down to their building and talked to them face to face.I wanted to confirm what I had already known. I tried to explain to the court that I could not file for injured spouse. I stay at home now that we have 2 small children.I don't understand why the court can not release our money. After all we have court papers saying the kids are done and we only owe the 870.03.So I guess my hands are tied.

On a side note you should be able to always file for injured spouse because it doesn't matter where the money came from its still 1/2 yours. Im guessing you did file a joint return.

Wish I had more positive news. If you can wait it out then maybe you can have yourselves a christmas bonus : )