The ncp owes over $9000 to me just in arrears, more in medical because he hasnt paid a dime in over 2 years on the dental/medical. I cannot get a straight answer on who has to file the paperwork to intercept a refund, is it TN where the ncp lives, or PA where I live?
He has owed me support for years and has claimed previous returns were taken for support, but I never received any of it (and no I have never been on welfare). How can I find out where this money went?

hello


first of all which state holds the current support order?

is the order through the uifsa office of that state? Uniform Interstate Family Support ACT>

list any events concerning the child support order such as transfer of order or any modifications of it.

Many states have a mandatory arrearage that automates an intercept from federal and state returns.

the steps that you would take to take care of this are as follows

contact the state child support office that currently holds the order and ask if they have issued a tax intercept. ( you should have recieved some sort of notice of this though. )

Inform them of the amount of the arrearage and ask what steps you need to take to initiate this if it is not taken care of automatically.

If they have already initiated a tax intercept ask if they have recieved any funds from the irs or state involved. If they have ask them to immediately release the money to you. If they need paper work ask them to send it to you asap.

Medical expenses are separate and need to be documented appropriately and sent return reciept to the ncp including a request for payment and the copies of the bills and what his share is and what your share is. These also must be submitted in a timely manner. You can't just save 3 years worth of medical receipts and mail them in bulk to him. You also must provide copies of any insurance payments made on the bill from any and all insurance plans that you have. Not sure how you have handled this in the past but it is a good idea to keep track of all these expense.

unfortunately i cant help any more with the little bit of information that you have provided in your post.

let me know the state that holds the order and i might be able to suggest some further actions for you. Also how old is the child and how old are the arrearages. And is he paying support currently?

Have you asked for a modification that would include a mandatory monthly payment toward the arrearages?



rini

actually I just received a notification that pa has intercepted the ncp tax refund, however, i cannot get the money until Nov because it is held in case he files something because his spouse may be entitled to part of it. I am outraged because they took teh $3000 off his arrears and why should they hold it there and collect the interest? Shouldnt the spouse have filed an injured spouse form with the tax forms? I want the money now, not in 6 months. When they do send whatever part I am entitled to in Nov, they are also taking $25 fee for doing this!!
any advice or am i just at the mercy of this backwards state? (pennsylvania)

I am outraged because they took teh $3000 off his arrears and why should they hold it there and collect the interest?

Now multiply your situation by the number of tax intercepts they did this year...that's a LOT of interest just by putting it in a 6-month CD!

And BTW, it's not just in your "backward" state - all of them pull this "injured spouse" stuff. Seems to me if an NCP gets remarried, they should know better than to file a joint tax return - all it does is hurt the CP who has to wait half a year to get SOME of their past due CS from the tax intercept.

That is the law when regarding injured spouses.

Your ex's new wife is entitled to a portion of his tax return also, because she has nothing to do with owing you money for your kid(s).

So that is why the state will hold his income tax refund for 6 months before disbursing it to you for the benefit of your kid(s).

Also the injured spouse form is normally filed when taxes are filed but there are people who go back and amend their taxes and file injured spouse later on...however there is a time limit on filing amendments.

So it may suck because you have to wait to get the refund, but at least you know the state collected it and you will get.

That is the law when regarding injured spouses.

Your ex's new wife is entitled to a portion of his tax return also, because she has nothing to do with owing you money for your kid(s).

So that is why the state will hold his income tax refund for 6 months before disbursing it to you for the benefit of your kid(s).

Also the injured spouse form is normally filed when taxes are filed but there are people who go back and amend their taxes and file injured spouse later on...however there is a time limit on filing amendments.

So it may suck because you have to wait to get the refund, but at least you know the state collected it and you will get.

Sorry...but this issue really bugs me. The burden should be on the NCP and the new spouse to take the responsibility to file seperate tax returns to safeguard the new spouse's tax refund from the CS order.

Instead, the burden is on the CP to have to wait 6 months for a PORTION of the arrears owed to them, so that an injured spouse form MIGHT be filed within the 6-month grace period. Meanwhile, the child support agency gets fat on the interest from this enormous amount of money.

Sorry, but we're talking about arrears here...why is so much protection given to the new spouse of the NCP? Let the NCP him/herself pay back their new spouse for whatever portion of their joint return was intercepted, and get the CP the money they are owed. This is one part of the law that CAN and SHOULD be revisited.

Now multiply your situation by the number of tax intercepts they did this year...that's a LOT of interest just by putting it in a 6-month CD!

And BTW, it's not just in your "backward" state - all of them pull this "injured spouse" stuff. Seems to me if an NCP gets remarried, they should know better than to file a joint tax return - all it does is hurt the CP who has to wait half a year to get SOME of their past due CS from the tax intercept.

If the NCP and his new spouse file seperate taxes instead of joint...most of the time depending on the tax bracket and number of tax credits (because of married but filing seperate) may reduce the amount of refund the NCP will get back...in other words the CP will not get much or anything back at all because it usually will make NCP owe back taxes, depending on his and spouse's total income and tax bracket . You see in my husband's case I actually hold the ball in my court when it comes to whether or not CP gets his tax refund check...If i don't file joint with my husband then he always either owe about $100 and gets no refund and CP gets no refund tax check or i can file joint and do the injured spouse form and i can get some of the refund and they will give the rest to the CP.
You see....I had my tax preparer to look up the amount of refund we would get if we filed seperate and joint...and if we filed seperate he would owe because he would not be entitled to more tax credits because of the amount of money made during the year, and if we filed joint he would be entitled to more tax credits and refund would be much larger and both CP and new spouse gets refund check. :)

So when you say " ALL it does is hurt the CP when NCP files joint with new spouse" that is not always the case.

So would you rather wait for 6 months to get your money or would you rather get close to nothing or nothing at all.

So filing a joint return is not always a bad thing and the CP can come out on top...or a least in my situation my stepsons mother would benefit from me and hubby filing joint and waiting the 6 months out because CP would get more back from joint return than from a married filing seperate return.
In our case it really makes a huge difference :)

Now i could be nasty and not file joint with hubby just so he would owe back tax, and CP not get his refund check :D but that is not my style, even though the CP refuses to let my husband see or speak/contact his son for the past couple of years. ;)

If the NCP and his new spouse file seperate taxes instead of joint...most of the time depending on the tax bracket and number of tax credits (because of married but filing seperate) may reduce the amount of refund the NCP will get back...in other words the CP will not get much or anything back at all because it usually will make NCP owe back taxes, depending on his and spouse's total income and tax bracket . You see in my husband's case I actually hold the ball in my court when it comes to whether or not CP gets his tax refund check...If i don't file joint with my husband then he always either owe about $100 and gets no refund and CP gets no refund tax check or i can file joint and do the injured spouse form and i can get some of the refund and they will give the rest to the CP.
You see....I had my tax preparer to look up the amount of refund we would get if we filed seperate and joint...and if we filed seperate he would owe because he would not be entitled to more tax credits because of the amount of money made during the year, and if we filed joint he would be entitled to more tax credits and refund would be much larger and both CP and new spouse gets refund check. :)

So when you say " ALL it does is hurt the CP when NCP files joint with new spouse" that is not always the case.

So would you rather wait for 6 months to get your money or would you rather get close to nothing or nothing at all.

So filing a joint return is not always a bad thing and the CP can come out on top...or a least in my situation my stepsons mother would benefit from me and hubby filing joint and waiting the 6 months out because CP would get more back from joint return than from a married filing seperate return.
In our case it really makes a huge difference :)

Now i could be nasty and not file joint with hubby just so he would owe back tax, and CP not get his refund check :D but that is not my style, even though the CP refuses to let my husband see or speak/contact his son for the past couple of years. ;)

Understood and accepted...I just think the 6-month period is too dang long and rather unfair.