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Iswear · May 20, 2010, 05:44 PM

My ex pays child support sporadicly and never a large amount for three children, he owes 4 years of back child support. This year I received his taxes. Now 2 months later they are telling me he filed a report with IRS that reversed his taxes being given to me and gave his taxes back to him. Now I owe the child support people.

ScottGem · May 20, 2010, 05:57 PM

This doesn't make a lot of sense. The child support agency filed with the IRS to garnish his refund. It sounds like without your knowledge. The IRS granted the garnishment and sent the refund to the support agency who sent it to you.

Now the support agency says he got the IRS to the reverse garnishment and they want you to return what they paid you?

The first question I would ask is, if he does owe the back support what reasons would they reverse it?

AtlantaTaxExpert · May 21, 2010, 10:53 AM

I agree with Scott.

The child support people who filed the garnishment action to begin with need to represent your interests here by reviewing your ex's rebuttal and challenging it on its merits.

mack20007 · May 21, 2010, 04:16 PM

I think what Iswear is saying is that her ex's "spouse" filed an injured spouse form. His ex's spouse can recover "her" portion of the refund, that was taken to pay child support, as she doesn't owe it, only her husband. What this appears to be is her ex filed refund return, and no injured spouse form was filed with it, causing the full amount to offset to child support. If part of that refund belongs to his current wife, the current wife can file an injured spouse form to recover just her portion. From Iswears standpoint her ex asked for this recovery, this is incorrect, the spouse did under the injured spouse rules, which has been an allowable practice for years, and justly so, his spouse doesn't owe the child support.

There are instances were her ex, can claim his income is reduced, but he must go to court and restructure the support payments.
I'm guessing its one of these two circumstances.

ScottGem · May 21, 2010, 04:43 PM

According to the OP, her ex owes FOUR years of back support. So they have been divorced for at least that time. So this is not a joint refund. It is not uncommon for child support agencies to attach a tax refund from a deadbeat parent.

mack20007 · May 21, 2010, 10:59 PM

You're misunderstanding my answer ScottGem. This OP's ex and his "current" wife filed MFJ. His current wife can file a F8379 to recover her portion of the MFJ refund, taken and given to this OP. Even after its been taken and given to child support.

ScottGem · May 22, 2010, 03:58 AM

Originally Posted by mack20007

You're misunderstanding my answer ScottGem. This OP's ex and his "current" wife filed MFJ. His current wife can file a F8379 to recover her portion of the MFJ refund, taken and given to this OP. Even after its been taken and given to child support.

Ahh, Yes, that does make sense. But still, the support agency should a) be explaining this and b) only be asking for a partial refund. There is no indication of that in the OP's posts. Or even that the ex has remarried.

mack20007 · May 22, 2010, 07:20 PM

They may have explained it and Iswear misunderstood. Who knows. This may not even be what happened, I'm hypothesizing.
Iswear wants to check into it. Even so, I would be upset if I was her.