my ex is behind like 3000 dollars, and still getting behing, will they take his income tax?? how does that work?? thanks.
2007-10-09 11:45:51 · 16 answers · asked by I love dooneys 6 in Politics & Government ➔ Law & Ethics
An interesting question. It's not a dollar amount, but how many months. The minimum is three. States decide when to report to the IRS. The non-custodial parent must be given at least one court appearance.
If your ex is reported to the IRS, there is a flag on his IRS account. Any tax refund due up to the amount of the delinquent child support goes to you. This can take up to six months from the time he files for you to receive payment.
There are some unique and legal ways for you to collect in this manner, but you must be certain the IRS was notified.
2007-10-09 11:52:35 · answer #1 · answered by poppidad 4 · 1⤊ 0⤋
Your ex has to keep in contact with The Bureau For Child Support Enforcement in your state and tell them where he is working and if he has had any changes in income (increases or decreases). If he is working the BCSE should be garnishing his wages, the IRS should of took his income tax return along time ago to pay his past due support he owes you. If he has worked this year he should file a tax return, so I would get on the phone with the BCSE or the Dept OF Health & Human Resources and report him. Do it as soon as possible because these agencys tend to be slow. Also, you can call a child support lawyer to help speed up the process of your money getting repaid. I live in WV and my husband has to pay child support he was $55.00 behind and we started getting letters form the BCSE and they sent his employer an order saying that they had to take the regular amount out of his check plus a percentage of what was past due. Keep after people and you will get some results. Good Luck!!!
2007-10-09 12:07:39 · answer #2 · answered by steph 2 · 2⤊ 0⤋
Here in Louisiana, I just went to the DA and they said just one just one month behind will get her in trouble. First they are going to ask her to come up with $1000 at one time. Then get her on a monthly plan to catch her up, If she starts to fall behind, they will suspend her drivers license. Then if she still does not pay put her in jail. They would garnish her pay but she is working under the table. So, I did not go that route. She is behind about $2000.
At $200 a month for 2 kids.
2007-10-09 11:57:16 · answer #3 · answered by Bones 5 · 1⤊ 0⤋
Depends on your state... You need to find the child support enforcement for your state and force the issue. Once you do that... However much he owes will be deducted from his income tax return and if he gets to too much then it will be income deducted or his license will be suspended.
I am a non custodial parent who doesnt owe money... and because i did at one time the child support enforcement people constantly harass me now, even though i owe nothing. Its usually run by morons who dont take the time to actually harass people who dont pay, but bother the people they can find.
Recently they threatened legal action against me because I never provided proof that i provided health insurance, even though i am not required to in our agreement. But it is still up to me to prove it. pain in the ***.
You have to force the issue.
2007-10-09 11:54:35 · answer #4 · answered by Steven S 3 · 2⤊ 0⤋
As far as i know, child support is still supposed to be PAYING YOU, and then he is in debt to them, before the government will automatically take it out of his taxes. If you aren't getting your money, you need to contact child support about it.
Every year we get sapped because she automatically gets a payment (the amount decided on when they divorced, and can be changed from job to job, but you have to go to court and neither of them does because his pay changes all the time.) from the child support office. In turn, they send him a letter saying "you are getting this far behind" blah blah blah. From that letter, he should be trying to have more dedcuted from his paycheck to meet what he owes them, otherwise, the IRS steps in coem tax time.
In our situation, he's not a deadbeat dad or anything, he gets layed off an awful lot, construction is the pits. (He has a better job now, besides the point, but) As far as we've seen, it doesn't matter HOW far behind, they will garnish whatever is left to pay on by the end of the year out of his taxes, as a government liability.
2007-10-09 11:53:55 · answer #5 · answered by Kimmie 2 · 1⤊ 1⤋
They should have taken it way before now. Call the state and ask them what the cut off is. My fiance has his tax refund taken from him and he doesn't own thousands of dollars and also the mothers did not initiate it, the state noticed that he owed back child support and did it themselves.
2007-10-09 11:48:56 · answer #6 · answered by littleone 4 · 1⤊ 0⤋
A lot of it depends on where you are at. In Louisville, KY they have a dead beat Dad kind of law, and they will put him in jail if he doesn't pay. All you have to do is contact your lawyer and he'll get the ball rolling. I'm sure that you could also contact child welfare and file a complaint with them.
I do know that KY is very strict about non payment of child support and will not play around with parents that don't pay.
2007-10-09 11:52:13 · answer #7 · answered by Fordman 7 · 1⤊ 1⤋
They should! I get my ex's tax refund. When he files his taxes, the I.R.S. will automatically send it over to the Attorney General's office and they will send you the money. He will get a letter explaining why he did not get his money.
2016-05-20 01:39:19 · answer #8 · answered by ? 3 · 0⤊ 0⤋
Does your support come through a state agency? Contact them immediately and then often afterwards. Keep calling until they give you answers.
2007-10-09 17:23:01 · answer #9 · answered by dizzkat 7 · 0⤊ 0⤋
YOU have to be the one to initiate the action, and normally it takes about 6 months to get it through the court. The state won't do it by themselves. You have to do it on your own.
2007-10-09 11:48:55 · answer #10 · answered by cyanne2ak 7 · 1⤊ 0⤋