brendasperk
Junior Member
What is the name of your state?PA
Here's a good one....My ex-husband and have been divorced since 1997. In the decree, visitation of our son was on an "as agreed upon" basis. Within the past year or so, things started not going well between my son and his father. My son no longer wanted to see his father. His father has always been trying to reduce his child support, but when he wasn't seeing his son, the court hearings became more frequent. Then my ex began demanding that I let him see his son, and he would not believe me or our son when we told him that it was by our son's choice. My ex began threatening to take us to court for visitation. I did not want to put our son through that (he has some emotional problems that are magnified when there is grief with his father). I basically wanted to put an end to the war, so I proposed that he can stop paying child support if he would stop with the threats of court hearings, etc. I only required that he make monthly payments (of his choice) until the arrearage amount is paid off. He requested that I permit that his income tax return no longer be attached for the arrearages. I put all of this in writting, we both signed and had it notorized. Little did I know that state law requires income tax attachment if there is an arrearage amount. His income tax has just been attached and he is now demanding that I give him back that money. He said that Domestics will add the amount back on to his arrearage amount if he faxes a letter stating that he received it. My problem is that I do not want to hand him this money when he doesn't deserve to have it. He has caused nothing but pain to my son, and to give him the satisfaction of winning again just kills me. Am I legally obligated to give him back his income tax return when our signed agreement states that I do not require the IRS intercept of his return? If I let my son keep the money, would my ex have any legal recourse?
Here's a good one....My ex-husband and have been divorced since 1997. In the decree, visitation of our son was on an "as agreed upon" basis. Within the past year or so, things started not going well between my son and his father. My son no longer wanted to see his father. His father has always been trying to reduce his child support, but when he wasn't seeing his son, the court hearings became more frequent. Then my ex began demanding that I let him see his son, and he would not believe me or our son when we told him that it was by our son's choice. My ex began threatening to take us to court for visitation. I did not want to put our son through that (he has some emotional problems that are magnified when there is grief with his father). I basically wanted to put an end to the war, so I proposed that he can stop paying child support if he would stop with the threats of court hearings, etc. I only required that he make monthly payments (of his choice) until the arrearage amount is paid off. He requested that I permit that his income tax return no longer be attached for the arrearages. I put all of this in writting, we both signed and had it notorized. Little did I know that state law requires income tax attachment if there is an arrearage amount. His income tax has just been attached and he is now demanding that I give him back that money. He said that Domestics will add the amount back on to his arrearage amount if he faxes a letter stating that he received it. My problem is that I do not want to hand him this money when he doesn't deserve to have it. He has caused nothing but pain to my son, and to give him the satisfaction of winning again just kills me. Am I legally obligated to give him back his income tax return when our signed agreement states that I do not require the IRS intercept of his return? If I let my son keep the money, would my ex have any legal recourse?
