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Is this really as absurd as it appears?

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J

jandd661

Junior Member
What is the name of your state (only U.S. law)? Custodial in Colorado, Non-Custodial in Alaska

I am experiencing the most ridiculous situation ever and I have no idea what to do. The non-custodial parent had $4728 taken from his "joint" tax return and it was sent to me. This guy is over $21,000 in arears. His new spouse filed for "Injured Spouse" and now the child support agency in Alaska is telling me I must pay that back. When I asked them to take it out of his child support payments, I was told "We can't do that because he doesn't pay it." So now I have a letter asking me to set up payments. So now I'M the only one out of this situation that is going to be making monthly payments. Is it just me or is this really as absurd as it appears. What can I do? I feel bullied by the very agency that was supposed to be looking out for my child's best interest. Why wont they go after him? Thanks for your help!
 


S

Silverplum

Senior Member
jandd661 said:
What is the name of your state (only U.S. law)? Custodial in Colorado, Non-Custodial in Alaska

I am experiencing the most ridiculous situation ever and I have no idea what to do. The non-custodial parent had $4728 taken from his "joint" tax return and it was sent to me. This guy is over $21,000 in arears. His new spouse filed for "Injured Spouse" and now the child support agency in Alaska is telling me I must pay that back. When I asked them to take it out of his child support payments, I was told "We can't do that because he doesn't pay it." So now I have a letter asking me to set up payments. So now I'M the only one out of this situation that is going to be making monthly payments. Is it just me or is this really as absurd as it appears. What can I do? I feel bullied by the very agency that was supposed to be looking out for my child's best interest. Why wont they go after him? Thanks for your help!
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New Spouse doesn't owe you a penny. Therefore, New Spouse gets his/her money back.

It's the law: https://www.irs.gov/uac/injured-or-innocent-spouse-tax-relief
 
CTU

CTU

Meddlesome Priestess
Silverplum said:
New Spouse doesn't owe you a penny. Therefore, New Spouse gets his/her money back.

It's the law: https://www.irs.gov/uac/injured-or-innocent-spouse-tax-relief
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Indeed.

That money belongs to New Spouse who was not present at either the conception or the birth of the child, and has not adopted said child ... which is really nothing more than a wordy way of saying "SP is, of course, correct" ;)
 
J

jandd661

Junior Member
I know it's the law. Both of you have failed to answer the question "Why wont they go after him?" I am not questioning the IRS and the "Damaged Spouse" clause. I'm asking "Why would the CSA put this kind of effort into recovering a loss against a custodial parent and NO effort into recovering over $21,000 from the Deadbeat Dad?" Let me guess, Because I live above the radar. Because it's easier for them.
 
CTU

CTU

Meddlesome Priestess
jandd661 said:
I know it's the law. Both of you have failed to answer the question "Why wont they go after him?" I am not questioning the IRS and the "Damaged Spouse" clause. I'm asking "Why would the CSA put this kind of effort into recovering a loss against a custodial parent and NO effort into recovering over $21,000 from the Deadbeat Dad?" Let me guess, Because I live above the radar. Because it's easier for them.
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I'm sorry, did you come to the wrong place?

We're not the child support folk. We're "Freeadvice.com".

Have a lovely evening!
 
Zigner

Zigner

Senior Member, Non-Attorney
jandd661 said:
I know it's the law. Both of you have failed to answer the question "Why wont they go after him?" I am not questioning the IRS and the "Damaged Spouse" clause. I'm asking "Why would the CSA put this kind of effort into recovering a loss against a custodial parent and NO effort into recovering over $21,000 from the Deadbeat Dad?" Let me guess, Because I live above the radar. Because it's easier for them.
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The agency already answered this for you. They took the money from STEP-MOM, not from dad. You owe the money to STEP-MOM, not to dad. The money was never yours (or his) in the first place.
 
J

jandd661

Junior Member
CTU said:
I'm sorry, did you come to the wrong place?

We're not the child support folk. We're "Freeadvice.com".

Have a lovely evening!
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Apparently you represent it well. You to have a lovely evening.

Zigner said:
The agency already answered this for you. They took the money from STEP-MOM, not from dad. You owe the money to STEP-MOM, not to dad. The money was never yours (or his) in the first place.
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There is no "STEP-MOM" Are reading the right thread? Or are you lost?
 
S

Silverplum

Senior Member
jandd661 said:
Apparently you represent it well. You to have a lovely evening.

There is no "STEP-MOM" Are reading the right thread? Or are you lost?
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Your attitude is entirely unacceptable. And if you need for us to explain the meanings of common words, I suggest you use a dictionary. :rolleyes:
 
S

Silverplum

Senior Member
jandd661 said:
I know it's the law. Both of you have failed to answer the question "Why wont they go after him?" I am not questioning the IRS and the "Damaged Spouse" clause. I'm asking "Why would the CSA put this kind of effort into recovering a loss against a custodial parent and NO effort into recovering over $21,000 from the Deadbeat Dad?" Let me guess, Because I live above the radar. Because it's easier for them.
Click to expand...
Here's another example of your completely unacceptable attitude.
 
CTU

CTU

Meddlesome Priestess
jandd661 said:
What is the name of your state (only U.S. law)? Custodial in Colorado, Non-Custodial in Alaska

I am experiencing the most ridiculous situation ever and I have no idea what to do. The non-custodial parent had $4728 taken from his "joint" tax return and it was sent to me. This guy is over $21,000 in arears. His new spouse filed for "Injured Spouse" and now the child support agency in Alaska is telling me I must pay that back. When I asked them to take it out of his child support payments, I was told "We can't do that because he doesn't pay it." So now I have a letter asking me to set up payments. So now I'M the only one out of this situation that is going to be making monthly payments. Is it just me or is this really as absurd as it appears. What can I do? I feel bullied by the very agency that was supposed to be looking out for my child's best interest. Why wont they go after him? Thanks for your help!
Click to expand...
There's no step-mom? It's possible that Daddy's new spouse is male so if that's the case, that makes New Spouse step-dad. My sincerest apologies.

(Because being married to a parent makes one a stepparent. )
 
stealth2

stealth2

Under the Radar Member
At the end of the day, the money came to you from someone who doesn't owe it to you. Why should s/he not get their money back? What makes you think you are entitled to keep money taken from a legal stranger in error?

As for the stepMom/no stepMom snark... You said Dad's spouse. The natural inference is stepMom, although it could certainly be a same-gender marriage. Please explain where that was a wrong conclusion.
 
LdiJ

LdiJ

Senior Member
jandd661 said:
What is the name of your state (only U.S. law)? Custodial in Colorado, Non-Custodial in Alaska

I am experiencing the most ridiculous situation ever and I have no idea what to do. The non-custodial parent had $4728 taken from his "joint" tax return and it was sent to me. This guy is over $21,000 in arears. His new spouse filed for "Injured Spouse" and now the child support agency in Alaska is telling me I must pay that back. When I asked them to take it out of his child support payments, I was told "We can't do that because he doesn't pay it." So now I have a letter asking me to set up payments. So now I'M the only one out of this situation that is going to be making monthly payments. Is it just me or is this really as absurd as it appears. What can I do? I feel bullied by the very agency that was supposed to be looking out for my child's best interest. Why wont they go after him? Thanks for your help!
Click to expand...
What's odd about your situation is that the child support agencies normally wait about six months before releasing the money to the custodial parent, just to make sure that something like this does not happen.

However, I am going to disagree a bit with the other posters. You are not paying back stepmom. You are paying back the child support agency. They have already paid back the IRS and the IRS has already paid back stepmom. The child support agency needs the money back from you, otherwise other people's child support won't reach them.

I am also surprised that they are asking for all of it back. Usually at least some small portion does not have to be repaid.
 
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