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Old 02-18-2005, 10:22 PM
stafein stafein is offline
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Question Income taxes

I live in Arizona and my daughters father has a balance of about $17,000.00 the he owes me for child support back pay. Almost immediately after I was granted $430.00 a month for surrent support and $190.00 a month towards back pay he was was terminated or quit then shortly after he got a new job he was sentenced to 8 months prison. Therefore his wages were never garnished. My first question is: Am I able to interrupt his Income Tax Refund? If so, How? My second question is means he is in prison and obviously can not pay the child support and I able to have his wifes wages garnished?
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Old 02-20-2005, 08:07 AM
Cager Cager is offline
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I've heard of people getting their tax returns garnished due to back child support.

And, are you asking if you could garnish his new wives wages? If so, I wouldn't think so. But I'm sure one of these pro's in here could help you more than I could.
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Old 04-15-2005, 11:06 PM
elklaw elklaw is offline
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Most states have laws by which they garnish any tax refunds to go toward any unpaid chidl support automatically. There are also other provisions relating to the ability to get a driver's license, professional licensing,etc... in many states and some at the federal level.
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Old 05-17-2005, 02:56 PM
starrgazzer starrgazzer is offline
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Quote:
Originally Posted by stafein
I live in Arizona and my daughters father has a balance of about $17,000.00 the he owes me for child support back pay. Almost immediately after I was granted $430.00 a month for surrent support and $190.00 a month towards back pay he was was terminated or quit then shortly after he got a new job he was sentenced to 8 months prison. Therefore his wages were never garnished. My first question is: Am I able to interrupt his Income Tax Refund? If so, How? My second question is means he is in prison and obviously can not pay the child support and I able to have his wifes wages garnished?
Hello There!! I have an atlas number with DES in AZ and mine owes over $21,000 so I know your pain!

Mine did the same thing - AZ worked with IL to pull his CS and past for about 2 months before he quit - AZ should automatically send a notice to the IRS and FMS to take his Federal refund - Federal only - from what I have been told they can not touch state. The refund my be reduced if the wife files the taxes with an application called injured spouse - if the debt occured prior to their marriage she is not liable for it and they should give her what what be her 1/2 of the refund. CS is owed by the parents of the child and not the spouses - from what I have seen and read a spouses income is not taken into effect when it comes to calculating income....
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Old 05-24-2005, 10:40 AM
hjsmoons hjsmoons is offline
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[quote=stafein]I am in no way standing up for your child father -- becasue that is a lot of money to owe. however, I live in NJ and am married to a man who had $2000 in back child support, unpaid because we were low on money. He continued to give his ex wife money when ever she asked. however, we filed taxed jointly, and they took ALL of it. I could write in to appeal to get my half back, but why bother,its OUR money. So, what I am trying to say, is that if your ex and his new wife file jointly, you may very well get the money. But its not fair to take her money since its technically not her problem. Its his. QUOTE]
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