We are married and have 2 kids of our own. He owes backpay from before but has been paying on schedule since we married, about 4 yrs now. I used to work so we filed income separately and his income got taken away due to the backpay. This year I haven't worked at all because I have been going to school and he's been supporting us. My question is, if he claims all of us, aren't we entitled to some of his check, I know some of it has to go to her, but he's got a family of 3 here and 1 over there, or does it ALL go to her? My other question is, if he were all caught up and owed nothing in back pay, would they still take his income tax check?
2006-08-16 13:21:00 · 15 answers · asked by flaca 2 in Family & Relationships ➔ Marriage & Divorce
We live in Texas
2006-08-16 13:28:10 · update #1
I'm in the same kind of situation. But, last year my husband and I filed income taxes jointly so that they couldn't take the refund when we got it. Since it had my name on it and was partially mine his ex had no right to it. Speak with an accountant about this. Also, you should check with a lawyer about getting child support reduced because he has two new kids to support. My husband's lawyer said that they will take some money off of child support for each additional child that you have. It's not a large amount but even a little bit helps. If his other child still lived with him it's only natural that he would spend a little bit less on the first child when number 2 comes along etc. For some reason the child support system thinks that you shouldn't spend what you normally would on the child but rather what they "think" is fair. Good luck.
2006-08-16 13:41:14 · answer #1 · answered by ND Girl 2 · 2⤊ 1⤋
As a mom of a child from a previous relationship I can tell you from experience that if he did not pay what he owed her for child support as the court ordered and fell behind then he will automatically have his taxes taken away regardless of the fact that you have children together. They cannot take your income but they can take his because it is his responsibility to pay what he owes for his other child and that child was born before you were ever in the picture. The fact that you decided to get married and have children does not change his responsibilities to his other child....in fact usually the first child is considered the first priority in a sense because that was the first child born to the father and his first commitment financially....
If he was doing what he was supposed to be doing and paying on time they would not have gone to such extreme lengths to take his tax refund....keep in mind depending on how your state works they can also cross reference his social security number and freeze his bank account....
2006-08-16 20:31:27 · answer #2 · answered by Cute But Evil 5 · 0⤊ 0⤋
He's been supporting you all of this year and his first child hasn't been vindicated yet. Of course the whole check should go to his first child if he owes it to her. If he didn't owe any back support then they wouldn't touch his income tax check. I think you should've thought about that before you married him. Sounds like the only reason he has paid is because of you. Good luck getting any money from him if you divorce or separate... You'll be thanking your lucky stars for the income tax checks that you'll be getting. Heaven forbid a new wife comes along and doesn't want you to have it. Good luck to all of you and God bless.
2006-08-16 20:30:48 · answer #3 · answered by Anonymous · 1⤊ 0⤋
If he where not paying back pay then you would get is income tax check. But since he did not pay before they take it until he is caught up.(and just because they never married has nothing to do with the child)
2006-08-16 20:27:12 · answer #4 · answered by uthockey32 6 · 0⤊ 0⤋
they usally don't take all his money from his check for childsupport. the state usally stops taken money out when he is all caught up with back payment up to the children ages18 years old.yes he should help support you too.if he claims you all on his taxes now, he shold be getting alittle extra in his check each week,but if he didn't change his claim,then he will get more back at the end of the year, when he makes out his taxes. If he owes alot back, for child support, then the state might take it at the end of the year. This is all I know, about child support I'v seen a man at work that had to pay. they even took his bounus at work to pay child support.Its not fair sometimes for the family he is supporting.
2006-08-16 21:03:37 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I thought the same thing at least in Ohio where we live i found out different..my cousins ex owed her a fortune and he has a income tax refund of i believe $4000 dollars my cousin was so excited she thought she was going to get it and when her ex found out she was getting it he went to the courts and his now wife was able to file papers to receive the full amount,,this money has to stay in government hands until the new wife can prove that she needs it to take care of there new family. The judge will decide..I'm not sure where they got the court papers to file this ..and me and hubby are going through the same thing when arrears are paid off them you will receive the earned income check..as long as he owes no arrears and no taxes and no loans
2006-08-16 20:36:42 · answer #6 · answered by bllnickie 6 · 0⤊ 0⤋
Since he does owe backpay they will take it all. Your husband support you and your kids everyday but their are times when he don't support that child and that just wrong. When he get caught up they wont take his taxes. I hope he spend time with that child.
2006-08-16 20:30:16 · answer #7 · answered by Apple 6 · 0⤊ 0⤋
He still owes his child support. His first child is not penalized because he chose to have more children. His first child is also not penalized because you decided not to work this year.
If he loses his tax refund (I assume that's what you are referring to) to pay back child support, then it was because he was slapped with a court order after failing to pay. It's up to the judge to decide when he is released from that, but they cannot take more than he owes.
2006-08-16 20:26:52 · answer #8 · answered by Catspaw 6 · 0⤊ 0⤋
He owes the money because he DIDN'T pay when he was supposed to pay. Getting caught up IS tough. He certainly should have let you know he owed, before you married. So, you knew what the situation was. He earned money, and as long as he is in arrears, they will take any refund. As they should. This isn't "her" fault, it's your husband's. He, almost certainly, deliberately failed to pay- so you and your kids pay the price. Sorry, but he IS required to support his child.
2006-08-16 21:31:34 · answer #9 · answered by Anonymous · 0⤊ 1⤋
The laws change so rapidly it is hard to keep track of all of the changes. The father gets screwed in the end anyway. I learned the hard way not to be nice and pay the ex with cash, she can claim he never paid without any kind of paper trail to prove he did pay.
2006-08-16 20:27:46 · answer #10 · answered by Alan J 4 · 0⤊ 0⤋