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Child support arrears
My husband and I live in Texas. He has children for whom he pays child support however he has substantial arrears.
Can a lien be placed against our home or can my IRS refund be garnished to satisfy his arrears/past due support? The home is in my name solely and I didn't indicate married when I purchased the home so that I could claim it as separate property. I have been filing single for my taxes and my husband has not filed in God knows when however, he claims married on his w-2. I planned to change my w-2 to married also and this year file married-separately, same with him? |
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Lots of issues here... but let me try to answer you questions then if you don't mind, a couple of comments... first you stated that the home was "our home" but then stated the home is solely in your name, so legally, its your home and I don't think a lien can be placed on your home for his child support arrears.. second, I don't think your IRS refund can be taken since you filed single. My comments next... if your husband doesn't want to go to jail for not paying, filing tax returns, I would strongly urge him to face the issue, file before he's faced with criminal penalties which might include incarceration. Also, if he were to be due a refund of federal taxes, he can't go back but just about 3 years and claim his refunds. He may have refunds due him for the last 3 yrs or so and its sound like you, he or his kids could use the money rather than letting the IRS keep it. I am not suggesting that you not file married but I would consult an atty or CPA to see if that is wise under the circumstances at least until your spouse starts to file and pay his taxes. I am married, don't think I have ever found it to my advantage to file ever "Married, filing separately". Hope this info helps.
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No... since the house is in your name and you don't file taxes together, neither of those two things can be effected by back child support.
I would suggest however that your husband start filing his taxes... it is an easy way for him to catch up support... plus it doesn't make sense, he is not going to get a refund if he doesn't file and he is not going to get one if he does file (it will go toward the back child support)... so why not just file and take care of the back child support!? |
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