How can you stop income tax refund going towards child support?

Question

My friends husband's income income taxes goes to the state of Texas for back child support. He payes every week on his child support both children are over 18. But he owes back child support. This family is already on a limited income. He payes almost 200 a week and then also every year the state of Texas takes his income tax return and this family really could use the refund money. They have a 9 year old from her pervious marriage and they have a 7 month old. She has not been able to find work. This family is really in need. Im not saying that he shouldn't pay but I don't think his new family should suffer either.

I guess him and his first wife married young (@15yrs. old) and separated for 10 years he supported her and the children and she also stated in court that he did,( I've seen the papers) but since it was not thru the courts - the court considers it all a gift and not support so this is why he is not behind. He was not a dead beat dad for those who think that.

He is not a dead beat dad for those who feel they must attack him. For those who are attacking his wife because she has not found employment she has a 7 month old and have you not notice the cost of child care. This family is not on welfare - this family are involved in the community. They are scout leaders, baseball coaches they are good people. So when you feel that you must be rude and cut down others think of all the things you do not know. This is for people to ask and receive answers not to be attack and see how rude you can be. He has been current for years. It is just the 10 years him and his exwife did not go thru the court systems.

Answer 1

i can understand that but i dont mean to sound heartless but did he do this to himself by avoiding to pay in the first place??

i dont think avoiding this is a good idea especially if they are doin it tough now cause it will get a lot worse when they catch up with him a couple of years down the track.

its also a class a felony for failure to accurately declare all for taxation purposes so weigh up massive fine and 5 to 15 years jail or facing the responsibilities for his actions??

Answer 2

I assume that this may be for most states because if the custodial parent wants back child support, then the law says that they will step in and take the income refund. My heart goes out to him and his new family and it is sad that she has to go through that but that's how they are doing it.

Answer 3

Keep child support current. Should have thought about that before having more children. You might think that I am COLD, but I have a son-in-law and daughter in the same boat. That is something that all People have to think about.

Answer 4

Have him pay all the back child support. If he is current, the state won't hold the refund. By the way, Texas also will hold auto insurance payments for back child support. Tell him to pay for his play and all will be well.

Answer 5

Sorry....he has been responsible for supporting the child since the child was born. He chose not to keep current with support payments as most deadbeat dads do. He will have to continue paying until all back support is paid up.

His "new" family is irrelevant with regard to his previous responsbility.

I suggest he find a part-time job - and his wife go to work. Unless she is a quadraplegic or has some mental defect, she can work and help support her current family.

Answer 6

The only way to stop the tax refund from going towards back child support is not to owe back child support. You mention that your friend has not been able to find work. How hard is she looking?

Answer 7

there is no need to defend him, its hard on everyone involved; him, the ex, his new wife, their kids.

but if he pays $200 per week in child support, some of that is going toward the arrears also. and to even have a tax refund intercept means he owes THOUSANDS in arrears.

you cant stop a tax refund intercept, its state and federal law. they dont go after it unless the parent owes thousands of dollars.

cant have more kids when you cant afford the first ones. its not his childrens fault he went and made more babies, knowing he couldnt afford the first batch. all of them have needs, but only one of those families has both parents.

tell them to go to the food bank, like we do.

so sad. so hard on ALL. some links that may help them:

http://modestneeds.org/
http://freecycle.org/
http://www.salvationarmyusa.org/usn/www_usn.nsf
http://www.redcross.org/where/chapts.asp

COSTS for the other family (also really in need)

he pays what? 400? 600? 900?

ok, lets see...
rent; 1000
electric 300
food 400-600
diapers 75-150 per month (fluctuates when baby is sick or teething)
heat 300
phone/cable 100
auto; (for doctors, dentists, take to school when they miss the bus, pick up when sick, pick up medicines, get food) 200
clothing/shoes/boots 200-400 every 2 to 3 months (seasonal and they grow)

that doesnt even include dental, doctors, glasses, daycare, hair cuts, school supplies, school lunches, school projects, class trips, class pictures, over the counter medicines, prescriptions, laundry det, dish det, cleaners, soap, shampoo, toothpaste, acne medicines, pads, bras, christmas, easter, halloween, tooth fairy, birthdays, etc. and sooo much more.

unbelieveable...

.

Answer 8

this is a situation where you just cant fight City Hall. That money has been earmarked from the beginning. They will also take any lottery winngs over 600 dollars

Answer 9

you can't, the IRS is helping to enforce those child support laws and once the fed and the IRS are involved...no way will they get any refund until all of the arrears are paid

Answer 10

You can't. If he owes the money, it legally has to go to the back child support.