• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Not My Problem

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

LADY G

Junior Member
What is the name of your state? GEORGIA
My new husband had a girlfriend 17 yrs ago who ended up with twins that she nvr proved were his. But to avoid court (the support people said "sign or go to jail") he signed. Then yrs later after he married his first wife, had a child & was living on another coast, 3000 miles from girlfriend... She puts her 3rd child on the welfare based support papers. He then starts paying for a child that *definately* isnt his but with only garnishments & no paper work, he didnt know. Now 17 yrs later, with our marriage, my taxes were seized & he's still being garnished. We're looking at $8000 per yr gone. He still doesnt hv proof aftr all these yrs on even the twins. Atty sz, signed papers sz you agree to all of this. I'm upset & girlfriends husband (who raised what he knows as his own kids) is upset his name is on the paperwork. We're out of thousands per yr and I suspect it'll take thousands to retake this thru court... Also, many husbands who have cheating wives end up paying 18 yrs for illegitamates that arent theirs because "the law" sz whomever youre married to at conception is the father & by law, has to pay. What's legal, what's fair? What's the way out?

Girlfriend has agreed to pay for testing and sign whatever papers needed to prove the 3rd one is not my husbands and to test the twins. She also agreed to pay attorney fees and she already paid me $600 personally for tax reimbursment. Seems she's trying to do the right thing. But she's a life long, generational welfare receipiant, she can't afford to pay back the $50,000+ taken over all these years. And won't she and my husband be in trouble for lying to the court about paternity??? The problem is my slow acting husband. He's known for 2+ yrs now that the paper work is wrong but won't lift a finger to change it. We owe $1200 to the IRS over this and even if I file separate this year, they'll take my money over HIS mess. Help.
 


ceara19

Senior Member
The LAW also says a man has the right to a paternity test when the child is born to prove whether or not he's actually the father. If a man doesn't ask for proof, he's not going to be allowed to contest it 17 YEARS later. He should have requested a blood test at the time he was served with support papers. Since he's gone along with it for 17 YEARS now, I seriously doubt that he could have the decision reversed. Even if mom agrees, she won't have to pay the money back. It's not her fault that he didn't ask for proof at the time.

As for the 3rd child. Have you actually seen a court order that specifically says "John Doe is required to pay $XXX per month in child support for {3rd child}? If not, his support for the other two could have just been raised.

The IRS CAN'T take YOUR money to pay HIS debt. If you file jointly, you will have to file as an injured spouse when you receive the notice from the IRS about the interception. They will figure what YOUR portion of the return is and send it to you. But if you don't file for injured spouse, they WILL keep the entire return. In community property states, you could also be able to keep 50% of HIS refund too. If you file seperately, you don't need to do anything. Your return will not be affected.
 

LADY G

Junior Member
Info Received- Thanks

I've received info from several sources including yours here on this forum. Thank you. I can file with last years taxes an amendment of INJURED SPOUSE which should eleviate half the problems this has generated. Agreed, this should not have gone on for 17 days, never the less 17 years before questioning commenced. I am a get the facts fast person and I read before signing anything. He's a take all the money you want but never bother me again type. This is the result of his head in the sand attitude. Although I'm sure it's just now sinking in the ENORMITY of the situation this attitude has brought. Not to mention the extream loss of cash!!!
If anyone else out there knows how I can protect my personal finances from these people, plz write and inform me. I fear to think how much I'd loose if I won the lottery or something. All of a sudden, I'd have a bunch of people at my door claiming kinship :D
 
In my opinion, you should have things in your name only. Don't have anything joint with him.

LADY G said:
I've received info from several sources including yours here on this forum. Thank you. I can file with last years taxes an amendment of INJURED SPOUSE which should eleviate half the problems this has generated. Agreed, this should not have gone on for 17 days, never the less 17 years before questioning commenced. I am a get the facts fast person and I read before signing anything. He's a take all the money you want but never bother me again type. This is the result of his head in the sand attitude. Although I'm sure it's just now sinking in the ENORMITY of the situation this attitude has brought. Not to mention the extream loss of cash!!!
If anyone else out there knows how I can protect my personal finances from these people, plz write and inform me. I fear to think how much I'd loose if I won the lottery or something. All of a sudden, I'd have a bunch of people at my door claiming kinship :D
 

ceara19

Senior Member
LADY G said:
I've received info from several sources including yours here on this forum. Thank you. I can file with last years taxes an amendment of INJURED SPOUSE which should eleviate half the problems this has generated. Agreed, this should not have gone on for 17 days, never the less 17 years before questioning commenced. I am a get the facts fast person and I read before signing anything. He's a take all the money you want but never bother me again type. This is the result of his head in the sand attitude. Although I'm sure it's just now sinking in the ENORMITY of the situation this attitude has brought. Not to mention the extream loss of cash!!!
If anyone else out there knows how I can protect my personal finances from these people, plz write and inform me. I fear to think how much I'd loose if I won the lottery or something. All of a sudden, I'd have a bunch of people at my door claiming kinship :D
You're not going to be able to get back any money that has already been SENT to the mom, but you can protect your portion of the tax refunds from this point on. You can get the proper forms at www.irs.gov. You'll need to wait until the letter arrives from the IRS stating that the return has been intercepted to send in the forms. Otherwise, it could actually cause MORE confusion on their end. I believe you've got 90 days to send it in, the website will tell you the exact procedure. Tax interception is a SLOW process. First the IRS holds the money for quite some time, then it is sent to the state, who in turn, hold it for up to ANOTHER 120 days. So, don't be surprised if the payment is not credited for several months AFTER his refund is intercepted.

You would be wise to try and keep as much of YOUR money and assets apart from his. Keep a joint account to deposit his checks into and use it to pay for as many household bills as possible and deposit your money into another account that is in your name only. Whatever you do, don't transfer HIS money or any of HIS assets into YOUR name. Even if there are no ill intentions, it will look like he's trying to hide assets.

And win you win the lottery, don't forget me "Auntie" G! ;)
 

ceara19

Senior Member
cearaI9 said:
like i said a thousand times on this board.... if you don't like my advice then it's your problem. It's free advice, I never said it was good advice. If you want good advice I would suggest another website. These are my opinons based on what I think about you. I am a senior member I think I know what I'm talking about. This is just invaluable advice I give until my unemployment ends and I get a job, till then I guess you are stuck with me. You are lucky to get my advice in my opinion.
Why don't you go out and start looking for that job now? You're right YOU do need serious help. Either get a life or grow some balls and let us know who you REALLY are?
 
Didn't know Ceara19 had a twin!!! How is that possbile? Didn't know someone else could have your same log in name. This is going to get confusing! Thanks for pointing that out....
 

Silverplum

Senior Member
Claire's mom said:
Didn't know Ceara19 had a twin!!! How is that possbile? Didn't know someone else could have your same log in name. This is going to get confusing! Thanks for pointing that out....
She doesn't -- she has a clone troll.

The names are off by one: the troll is using an "L" (but lower case) instead of the original "1."

A quick glance at post count/senior member status will tell you which one is which. Well, that and, ya know, the general difference in sanity levels! :D
 

Just Blue

Senior Member
cearaI9 said:
I always sign in on another screen name and agree with myself. I can't help it. I have all sorts of screen names...lisabyday seniorjudge and baystate girl just to name a few. sometimes i argue with myself I can't help it I need serious help I hope I'm cured one day.. thanks for listening I feel better now I have come clean. Sorry to anyone I offended with my crappy advice and judgemental comments please forgive me and pray for me I need it

You are an idiot!!:p
 

LADY G

Junior Member
Lady G

The last few posts are confusing me. What has any of that to do with my problem??? OK, back to business... I have a separate banking account along with the joint. My paychecks go into it now. Also, the house is in my name only. That should squelch any leans being levied against the property. I'll file the injured spouse thing and cross my fingers (and pray). For this state, will I have a problem with the joint liability laws? Is his debt mine and mine his??? In the mean time... Girlfriend can go ahead a pay for all that other stuff. It's a peace of mind thing for that aspect of it all now. Thanks Joe Public, you've helped alot. Both on this forum and others. :eek:
 

ceara19

Senior Member
LADY G said:
The last few posts are confusing me. What has any of that to do with my problem??? OK, back to business... I have a separate banking account along with the joint. My paychecks go into it now. Also, the house is in my name only. That should squelch any leans being levied against the property. I'll file the injured spouse thing and cross my fingers (and pray). For this state, will I have a problem with the joint liability laws? Is his debt mine and mine his??? In the mean time... Girlfriend can go ahead a pay for all that other stuff. It's a peace of mind thing for that aspect of it all now. Thanks Joe Public, you've helped alot. Both on this forum and others. :eek:
It has nothing to do with your problem. The other day some psycho created a screen name almost identical to mine and started posting stupid responses hoping people would think I had lost my mind! Those posts were removed, so it makes it look even more confusing now.

Back to your problem. The bank accounts are great. Injured spouse will take care of the tax roblem, but be patient, it can take a while to get your refund. Even if the house were in both names, the state can't take the home a person lives in to satisfy the debt. They can place a lien on property, but it won't do anything unless the property is sold. The CHILD SUPPORT debt will never be YOURS. That is a debt kept seperate in almost every circumstance.

Sorry about the earlier hijack. Hope this answers your questions.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top