tax refund question?

[username43]

What is the name of your state?What is the name of your state? Missouri,
Hello, I appreciate this site so much..thanks to all who post here. question.. My son's father hasn't paid CS in months and has racked up arrears.
His license is suspended and the IRS has taken his refund.He with his lawyer are taking the Dept of Revenue to court to get the refund released to him.
Does he have any right to the refund if he is thousands behind in child support? any answer would be appreciated

 

[LdiJ]

What is the name of your state?What is the name of your state? Missouri,
Hello, I appreciate this site so much..thanks to all who post here. question.. My son's father hasn't paid CS in months and has racked up arrears.
His license is suspended and the IRS has taken his refund.He with his lawyer are taking the Dept of Revenue to court to get the refund released to him.
Does he have any right to the refund if he is thousands behind in child support? any answer would be appreciated

He is spinning his wheels...he can delay things for you but there is little chance that his refund will be released to him.

 

[username43]

Thank you LdiJ, this is encouraging to me!!

 

[Ambr]

Is it a joint return???

They do have the "injured spouse" filings. A spouse could file to get a portion of it returned to them.

 

[username43]

He isn't married though he lives with a woman. So I don't think the injured spouse could apply here .

 

[Sherlyn10]

tax refund question

I know in Michigan if back child support is owed any income tax refund is automatically sent to the FOC towards the past due amount. In the case of a joint return only the amount that the delinquent parent is due to them is applied towards the past due child support. The injured spouse comes into play if the parent that is delinquent is married and their spouse, who would be the injured spouse, also has earnings. Their spouse is not obligated to pay any of the past due child support so therefore they will receive any refund due to them based on their earnings.

 

[Gracie3787]

I know in Michigan if back child support is owed any income tax refund is automatically sent to the FOC towards the past due amount. In the case of a joint return only the amount that the delinquent parent is due to them is applied towards the past due child support. The injured spouse comes into play if the parent that is delinquent is married and their spouse, who would be the injured spouse, also has earnings. Their spouse is not obligated to pay any of the past due child support so therefore they will receive any refund due to them based on their earnings.

That's correct, however it does not happen automatically. The spouse has to file an Injured Spouse form before they can recieve their share of the refund.