When the NCP won't file...

[StarsMoon]

What is the name of your state? Ga...


If there is a current CO for support as well as a contempt order for arrearances stating that all fed and state taxes were to be intercepted, how do you receive the money if the NCP won't file a return?

NCP knows that last yr the State intercepted that one(tax return for 2004, for the first time)
so now of course she didn't file her 2005 return just so hubby wouldn't receive any money towards child support.
Any ideas?????

Thankx all,
Stars....

 

[GrowUp!]

What is the name of your state? Ga...


If there is a current CO for support as well as a contempt order for arrearances stating that all fed and state taxes were to be intercepted, how do you receive the money if the NCP won't file a return?

NCP knows that last yr the State intercepted that one(tax return for 2004, for the first time)
so now of course she didn't file her 2005 return just so hubby wouldn't receive any money towards child support.
Any ideas?????

Thankx all,
Stars....

Did she file an extension? If so, that is her right under IRS laws and there isn't much you can do except wait. IIRC, anyone who files an extension is automatically given until August 15th to file. After that, they would have to file another form, but, again IIRC, that extension isn't automatically (LdiJ is the tax expert on here, so she MIGHT clarify that).

But if she chooses not to file at all just to try to avoid having her return intercepted -- well that is just all around stupid. The amount of penalties/fines and interest the IRS charges are pretty steep. The longer she waits, the more she will owe. It would wind up costing her dearly just to avoid the intercept.

 

[BL]

The longer she waits, the more she will owe. It would wind up costing her dearly just to avoid the intercept.

The amount of penalties/fines and interest the IRS charges are pretty steep.

There would only be penalties if She owed IRS .

The poster has stated in the previous yr. the tax RETURN was intercepted for CS arrears .

In my state fore example with the State , you can file as far back as 3 yrs. worth of returns . If that is the case , She could be waiting to see what happens , or may not be filing out of spite .

I don't know how you can force someone to file .

Perhaps if She has licenses they will threaten to suspend them , or threaten Jail for non payment , She will file to reduce the arrears .
Have you filed contempt for non payment ?

 

[nextwife]

Even if they DO file a return, there is no guaranty of a REFUND to intercept. They don't intercept a "return" they intercept any "refund" due to OVERPAYMENT of withholding.

Adjusting withholding exemptions is common among many tax savvy people, even if no CS is involved. Financial advisors regulary remind their clients that they should not be getting refunds, because Uncle Same gets free use of their money. Thus many people do not get refunds at all, because they withold based upon what they would actually owe in taxes.

 

[GrowUp!]

There would only be penalties if She owed IRS .

The poster has stated in the previous yr. the tax RETURN was intercepted for CS arrears .

In my state fore example with the State , you can file as far back as 3 yrs. worth of returns . If that is the case , She could be waiting to see what happens , or may not be filing out of spite .

Unless I am mistaken, regardless if one is expecting a refund or not, you are still assessed penalties/fines for not filing a return. Filing is mandatory...unless something has changed.

 

[fairisfair]

Unless I am mistaken, regardless if one is expecting a refund or not, you are still assessed penalties/fines for not filing a return. Filing is mandatory...unless something has changed.

filing is mandatory, but fines and penalties are based on the tax amount owed, therefore if you don't owe anything your penalties are 0.

OP how do you know she hasn't filed, or are you just assuming that based on the fact that you have not received monies from the intercept?? It is possible that she has adjusted her allowances so as not to create a refund at the end of the year.

 

[nextwife]

Good point. I file, and I don't get refunds.

 

[MrsK]

It is possible that she has adjusted her allowances so as not to create a refund at the end of the year.

Agreed. There are a lot of people who do it this way.

 

[LdiJ]

Did she file an extension? If so, that is her right under IRS laws and there isn't much you can do except wait. IIRC, anyone who files an extension is automatically given until August 15th to file. After that, they would have to file another form, but, again IIRC, that extension isn't automatically (LdiJ is the tax expert on here, so she MIGHT clarify that).

But if she chooses not to file at all just to try to avoid having her return intercepted -- well that is just all around stupid. The amount of penalties/fines and interest the IRS charges are pretty steep. The longer she waits, the more she will owe. It would wind up costing her dearly just to avoid the intercept.

New laws in place....they now have until October 15th to file, without having to file another form.

HOWEVER....if someone is due a refund, they can NEVER file and the IRS won't do anything to them at all. The IRS doesn't mind keeping someone's money....they only mind when money is owed.

 

[Luv_N_Stepmom]

You just have to be patient and hope they file, also to some people it is really not enough of a refund to fuss over.

My husband files his taxes..never on time, however he hasn't owed any money to the irs to get penalized after he actually does file his return. (only if he owes will he be penalized by the irs). They want their money ASAP. They will get their money before you see a penny for child support.

For my situation, if I file joint with hubby he gets back more money on his return, so that means the CP gets a bigger refund check, and if i don't file joint CP usually gets nothing back because of the amount of exemptions or credits hubby is entitled to single versus married.

So if i were you i would just keep on being independent and not depending on child support checks and or intercepting of refunds as a means to assist/pay your bills because as we all know, those things can and do fall through.
Remember..if the NCP owes arrears, the smart thing to do is to let the refund be intercepted to pay off the arrears otherwise it is not going away and they will have to pay it sooner or later, unless the SOL has passed to collect on it.

 

[StarsMoon]

There would only be penalties if She owed IRS .

The poster has stated in the previous yr. the tax RETURN was intercepted for CS arrears .

In my state fore example with the State , you can file as far back as 3 yrs. worth of returns . If that is the case , She could be waiting to see what happens , or may not be filing out of spite .

I don't know how you can force someone to file .

Perhaps if She has licenses they will threaten to suspend them , or threaten Jail for non payment , She will file to reduce the arrears .
Have you filed contempt for non payment ?

Sorry to have taken so long, but here I am.... Anyways, no, we don't know for sure whether or not she filed. She has been MIA since Dec., that was the last time she called to speak with me. As for her son, he hasn't spoke to her since Sept. And about her license, that was suspended 3 yrs ago when she had her accident. And even then she was driving on a restricted license at that. She is just that mean and hateful that she wouldn't file just so hubby didn't get the CS. And what burns her is that we don't really need it. But her son is entitled to it. And it's only fair that she should help support her son.
Just found this out last Fri.- she was picked up at 5 am for PED UNDER THE INFLU ON ROADWAY. The internet is a wonderful tool... So I made a call up there and found out that she was just walking around in the road drunk. The officer asked if she was on anything else and her reply was that she had been smoking meth but couldn't remember when she lasted smoked it. This makes the 7 time in the last 6 yrs this woman has been arrested in just this county alonee. She'll never changed her spots...
But neither her nor there... No, hubby hasn't taken her back for contempt. We don't know where she really resides, and have no clue where to even look. I figure that as long as Fl CSE is constantly knocking on GA CSE's door, they'll get her sooner or later. It's just to much for us to leave jobs, find a babysitter and travel 6 hrs for basically nothing. Just for another CO she won't adhere to.. She's one of those that feel she is up and above the law. They are the ones that when they fall, they fall hard... Can't get blood from a turnip...
And I don't think it would be worth opening that can of worms, at least not for the child,,, hubby agrees too.... we'll try other avenues, I guess.... It's just a big waiting game....
Thanks,
Stars....

 

[StarsMoon]

filing is mandatory, but fines and penalties are based on the tax amount owed, therefore if you don't owe anything your penalties are 0.

OP how do you know she hasn't filed, or are you just assuming that based on the fact that you have not received monies from the intercept?? It is possible that she has adjusted her allowances so as not to create a refund at the end of the year.

That could be a possiblity. I just wouldn't have taken her to have had brains enough to change her allowances. She works on and off. I guess when the urge hits her and no one else will support her then she'll work a bit. Yes, we are ASSuming that she didn't file. She is aware of the fact that she is just about $5,000 in the hole... I was always taught to file 0 and you'd get more money at the end of the year. Plus, Uncle Sam wouldn't bother ya either. Don't wanna get on his bad side...
Thanks,
Stars....

 

[fairisfair]

That could be a possiblity. I just wouldn't have taken her to have had brains enough to change her allowances. She works on and off. I guess when the urge hits her and no one else will support her then she'll work a bit. Yes, we are ASSuming that she didn't file. She is aware of the fact that she is just about $5,000 in the hole... I was always taught to file 0 and you'd get more money at the end of the year. Plus, Uncle Sam wouldn't bother ya either. Don't wanna get on his bad side...
Thanks,
Stars....

If she is anything like you say she is, she probably has alot of spare time to figure out ways to cheat the system, and how to take things apart. That is what they do. The money may be a very cheap price to pay for the peace of mind of not having her around. Obviously, not legal advice, just MO.