Me and my ex husband were recently divorced. He pays child support and is currently behind on child support payments. He wants us to file taxes together for the last time since we were just divorced in September. He is currently in the arrearage of about $2,000 in its still going up. Will I get all of the child support that's in the arrearage since its due to me anyway? Or does it sound like he's trying to get over on me somehow?
2006-10-20 10:25:42 · 12 answers · asked by Denise 2 in Family & Relationships ➔ Marriage & Divorce
It is your status at midnight on the 31st of December that is your status for the entire year. If you were divorced in September then his status for the year is single. You cannot legally file with him. If he owes child support the government will seize his refund to pay to you for unpaid child support. They will also be attaching his paycheck and taking a chunk out of each one for unpaid child support. If he quits work to avoid paying he may wind up going to prison and making license plates to pay it. He is definitely trying to smoke one past you on the tax thing. You can file as head of household with child(ren) and get EIC & CTC so you don't need him anyway.
2006-10-20 10:40:23 · answer #1 · answered by acmeraven 7 · 0⤊ 0⤋
Your taxes and his child support are two different things. If you file taxes together and he gives you a significant amount of money or all of the reward from you taxes. There is a good chance that, the payment or reward from the taxes will be formulated to discount his arrears. In other words even if the reward from your taxes are intercepted by court services it will be deducted from what ever he owes you. No, It does not sound like he is trying to get over on you . Because either way you will eventually get past due support. Unless he works under the table. So, depending upon what state you live in, the IRS could potentially get involved and levy his bank account until it is paid(The interest owed). Arrearage is only back support with interest. You don't get the interest paid, the state does. You only get the ordered amount.
2006-10-20 17:40:31 · answer #2 · answered by skawp 2 · 0⤊ 0⤋
DO NOT File together - - this is a way to SCAM you one more time -- and I'd be real suspicious -- like if he does not have enough withholding (which my ex did not) and does not have the same income as you do (and my ex's was less). It was more advantageous for me to file as a Single Head of Household than with his nasty self (because I KNEW That he was going to cash everything and take it all anyway), so I REJECTED this out of hand.
YOU will ALWAYS have tha ARREARAGE there UNTIL it is paid in full -- that is why you want the STATE to enforce and have the child support taken DIRECTLY from his paycheck.
2006-10-20 18:20:36 · answer #3 · answered by sglmom 7 · 0⤊ 0⤋
Don't touch it with a ten foot pole. It's your status on Dec. 31st you are single, you get a bigger refund with Head of household and Earned income Credit. Contact the Attorney General and be prepared to be patient. And keep the 18000 number for the Ag handy call them weekly!! Been there done that. His arrearage will add up you just find a way to raise the kids with out him and his money and someday he willpay. DO NOT do him any favors. Esp fraud with the IRS
2006-10-20 17:50:58 · answer #4 · answered by Julie 3 · 0⤊ 0⤋
I wouldn't trust him...Unless you have a legal contract that guarantees that all the money is paid to you I wouldn't do it. Plus, if you filed on your own wouldn't you get money back? If so then you should make sure that amount isn't included in the deduction from child support payments, other wise you end up paying yourself money you already would have had. There is also the fact that if he ends up owing money and you file together then your equally responsible for money owed. And, if he cheats on the taxes then your involved in that.
2006-10-20 17:33:58 · answer #5 · answered by rkrell 7 · 0⤊ 0⤋
Actually if he is in arrears and you file with him provided you didnt get any type of state aid like afdc then yes you will get the tax return not only that you may file for the injured spouse and get your portion of the tax return you will have to file on a seperate form he's wanting to file with you because he knows that the tax return will cover his arrears he actually thinks he's very smart but I would watch him but since you were married to him for much of 2006 you may need to contact the irs to find out the rules in this case also you could just change your filing status to head of household and get earned income credit.
2006-10-20 20:38:21 · answer #6 · answered by CaliMa 3 · 0⤊ 0⤋
Don't trust the DA. In california they will drag it out and not do much to keep the payments comming in. My wife's ex is WAY behind on his payments and is self employed. Since he is self employed they cannot garnesh his wages. They must wait three months before they can preceed with a judgement against him. So basically he only has to pay once every three months. He still has to pay all that he owes, but that could take years.
I wouldn't trust him. Let him file seperatly so the gov't can take any refund and give it to you.
2006-10-20 17:48:19 · answer #7 · answered by Jerrid 2 · 0⤊ 0⤋
Well all he is wanting to do is claim your children on his taxes so he will get a refund. My advice is to file them jointly, but the catch is that you would put your home address and have it mailed to your house directly, or if you do rapid refund have it depositied into your account. Then once you receive the tax returns, you can keep his and yours. If he owes you it is your money. If he raises a fuss simply say " he could have paid the child support or go to jail his choice ?
2006-10-20 17:42:35 · answer #8 · answered by decided27m 1 · 0⤊ 0⤋
I wouldn't trust him, the same thing happened to me I was in the process of a divorce (2001) when we did our income since we got our first & only baby we thought we were going to receive a fair income & then split it ge only got like $1,500.00 & he was also behind on child support. Then when our final appointment in court came by he told the judge that I keep all the $$ form the income so he didn't had to pay the past child support & besides I couldn't prove he keep the other half... still he stay behind again with child support & the following income he didn't got any income child support send it to me as the $$ that was behind & I still did my income & got almost $3000.00 with my daugther... So my advice to you Is DON"T do it let child support deduct his income to pay child support & maybe you will get more just with your kid & never let him barrow your kid to do his income tax...GOOD Luck !!!!
2006-10-20 18:15:38 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I wouldnt do it, it only benifits him...If he is behind on child support the IRA can give you all the money and your ex has no choice...
2006-10-20 23:14:31 · answer #10 · answered by ABBYsMom 7 · 0⤊ 0⤋