I'm taking my ex-husband back to court for nonpayment of child support. He is currently 9 months behind. Well, he got a lawyer and is asking for a copy of our final judgement divorce papers, should I give it to him? Or tell him to get it on his own? With tax season coming up, will I get his tax money?
2006-12-24 08:30:38 · 20 answers · asked by smallfry912 1 in Family & Relationships ➔ Marriage & Divorce
You may very well get his tax money if a judgement is entered against him before he files. Do not cooperate and give him the papers. He received the same papers you did, he just may not have kept his. Thats his loss and your gain. Good luck to you. I have an ex that hasn't paid any child support in over 12 years. He owes me over $70,000.00. I doubt I will ever see a penny of it though.
Actually it may be best for you to ask advice from your attorney as to whether or not you should hand over the papers.
2006-12-24 08:35:22 · answer #1 · answered by I know, I know!!!! 6 · 0⤊ 0⤋
It is a simple matter for him to obtain his own copy. It is public record, and he or his lawyer can go to the courthouse and pay a small fee for a certified copy. You are not obligated to do it, but it won't hurt anything if you do. If he really does have a lawyer, his lawyer would not have advised him to ask you for something that he could get himself. It's totally up to you whether or not you cooperate, and it will not affect the outcome in any way.
In order to get his income tax refund, you have to go through the state department of child support enforcement. Depending on your state, you may or may not have to have been back to court for a judgement. In some states, the original divorce decree and your statement that he has not paid are enough. In others, you have to go back through the court system and give both parties the due process of a hearing where it can be determined whether or not support is past due, and how much. In either case, you have to inform the state dept of the debt, and they will determine the financial course of action. Again, it depends on the state, but they can garnish his wages, withold income tax refunds, and even suspend government issued licenses.
You will not automatically get anything just because of any judgement you get at this upcoming court date. It is simply proof on a piece of paper that the debt is owed, and you have to take it from there to collect.
2006-12-24 16:53:54 · answer #2 · answered by dragonlady 4 · 0⤊ 0⤋
His lawyer can obtain the papers... Depending on what state your judgement is in will determine what you will receive... Many states have divisions within the District Attorney's offices that prosecute child support offenders for a minimal cost. The most important thing is to keep your judgement current.
2006-12-24 17:12:49 · answer #3 · answered by frogsandweeniedogs 2 · 0⤊ 0⤋
Well the lawyer should know better becasue all he has to do is go to teh court records department and get his own. Don't give him yours let him get his own. Becasue it's tactic that they use to make you look bad sometimes. You can get some of his tax money if he hasn't paid his child support and the lawyer should know that. But don't let them have anything they can get themselves by going to teh court house. SO Good Luck with th e dead beat. SO if you need to chat more just IM me
2006-12-24 16:38:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Depends on whether you want rancor or not. He could obtain the judgement decree himself since it's a public record, but you could be a dear and give him a copy of yours if you wanted to be agreeable.
The tax money depends on how it was filed. If he filed his taxes separately (you didn't sign the 1040) it's all his. If you filed jointly you'll have to figure out a way to split it otherwise you'll have to get legalman involved. He'll take his cut too, though.
2006-12-24 16:49:59 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You can give him the papers after you get your affairs in order about the child support. Since you get his tax refund for nonpayment of child support.
2006-12-24 16:34:26 · answer #6 · answered by j_prudent 1 · 0⤊ 0⤋
If you want to give him a copy of the decree, then do that. If not, don't. As far as the tax money goes, if you have a garnishment against him, you will be entitled to his refund if there is any.
2006-12-24 16:33:33 · answer #7 · answered by 2sweet 2 · 1⤊ 0⤋
no you don't have to give it to him...he can go get a copy and pay for it himself! I think it depends on how long they draw the court thing out regarding taxes...you most likely will get his return though.
2006-12-24 16:32:49 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You don't have to but It could piss him off. the best way to deal with this kind of stuff is to be polite and work together or it can get nasty and the kids are usually the ones that suffer the most.
2006-12-24 16:33:14 · answer #9 · answered by Helenp 3 · 2⤊ 0⤋
he just try n to make it hard on you and easy on his self. he can get his own copies. yes you get his tax return's too.
2006-12-24 16:34:16 · answer #10 · answered by waljac6108 5 · 0⤊ 0⤋