Tax Refund Withheld

[helen7]

What is the name of your state? OH
I'll try to make this as short as possible. Back in November of 2004, my husband went to court and recieved shared parenting. In the agreement, his child support was cut in half and his arrers were dropped. In February of this year, he went back to court and won temporary custody of his two children. At that time, his support was suspended until the next court date in April. Child support took a BIG chunk of our income tax return. When called, they said that it had been taken and to pay back the state for a time when the mother was receiving ADC. Then today, I find out that they also are keeping our state return as well. When we last asked our attorney about this, he said that the order was still sitting on the judges desk, waiting for his signature. So, child support assumes that he is still to be paying the support. My question is, once this is all figured out, since his back support was supposed to have been dropped effective in November, should the state pay back the money to us, espesially when the money should have never gone to the mother in the first place. When I call child supports atomatided line, it says that he still is over $2,000 in arrerrs, when it should be $0!
Any advice or any similar cases?

 

[VeronicaGia]

My guess is this: the court sends the information to the IRS in August or September. The order didn't occur until November.

Did he owe both welfare arrears and the mother arrears? If so, it's possible what was owed to the mother was dropped, but the state can still collect the welfare arrears.

 

[helen7]

He did not owe welfare arrears, the mother does. He technically did not owe her arrears either. In November of last year, they were dropped when the shared parenting plan was established. The judge did not get them signed until February of this year, so child support didnt know about the dropped arrears until after we filed our taxes. I understand that the refund would be taken to pay back welfare if the mother owed it, but my husband should not of had it withheld in the first place. And now, we have the boys here with us. His support has been suspended for now, but again, the judge still has not signed the papers and sent them to child support. Is it possible that the state will pay back the money he paid?

 

[Phnx02]

If your husband had paid his child support as ordered, and didn't find himself "in arrears", then you wouldn't be in this mess in the first place......And even though he was able to weasle his way out of paying the arrears, this doesn't make up for the fact that he was a dead-beat dad at one time. You have no sympathy from me.