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  1. #1
    Sunshine1699271 is offline Junior Member
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    Wife's income tax refund taken for husband's child support payments

    What is the name of your state (only U.S. law)? Washington

    Hi. My sister recently married and had a kid with a man who has three other children that he has not been paying child support for. They have a two month old little boy. My sister quit her job (at Wal-Mart) in her eight month of pregnancy and was hoping to stay home until the baby was at least 4 months old since she was really making enough to afford child care anyhow. Her husband has not had a job for over a year now and is going to the local community college.

    My sister applied for state cash assistance but was told she couldn't get any since she was going to be eligible for a large income tax refund. She recently filed taxes as part of a married couple, which turned out to be a huge mistake. Her husband didn't have any income to report, but she was told filing jointly would get them a bigger tax refund. Except that the state then took her tax refund to pay for the back child support her husband owed.

    Is there anything my sister can do? If her husband gets a job (which we've all told him to do on multiple occasions), will all his income go to his other three kids and not the one he has with my sister?
  2. #2
    TinkerBelleLuvr is offline Senior Member
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    Have her file an amended return that includes an injured spouse form.
  3. #3
    Ohiogal is offline Senior Member
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    What ginny said. And if hubby gets a job he will have to support his children from a previous marriage. Your sister needs to understand that THEY deserve support. If he wont' support them he sure as heck won't be supporting the new baby. Deadbeats don't change.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  4. #4
    stealth2 is offline Senior Member
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    I already know my input won't be appreciated, but such is life.

    Your sister should learn from her mistake, kick the guy to the curb and figure out how to support herself and her child. All this guy is going to do is drag her (and the child) down into the muck he lives in.
  5. #5
    truebluemd is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    What ginny said. And if hubby gets a job he will have to support his children from a previous marriage. Your sister needs to understand that THEY deserve support. If he wont' support them he sure as heck won't be supporting the new baby. Deadbeats don't change.
    (HINT) He isnt working now, so technically, he isnt supporting the child, financially anyway.
  6. #6
    truebluemd is offline Senior Member
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    Quote Originally Posted by stealth2 View Post
    I already know my input won't be appreciated, but such is life.

    Your sister should learn from her mistake, kick the guy to the curb and figure out how to support herself and her child. All this guy is going to do is drag her (and the child) down into the muck he lives in.

    I agree. I am a witness to it.
  7. #7
    LdiJ is offline Senior Member
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    Quote Originally Posted by Ginny J View Post
    Have her file an amended return that includes an injured spouse form.
    An amended return isn't necessary. She just has to file the injured spouse form. It can be sent in as a stand alone form after the tax return was filed.

    It will take a while however, to get the refund. The IRS can take up to eleven weeks to process an injured spouse form and release the refund.
  8. #8
    mommyof4 is offline Senior Member
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    My sister quit her job (at Wal-Mart) in her eight month of pregnancy and was hoping to stay home until the baby was at least 4 months old since she was really making enough to afford child care anyhow. Her husband has not had a job for over a year now and is going to the local community college.

    My sister applied for state cash assistance
    So wait....

    Her husband isn't working because his education is so important and she thought she should have the luxury of quitting her job (their sole means of support) AND was hoping to stay home until the baby was at least 4 months old?

    Would your sister care to explain why she thinks that the general public should support her child when the general public had none of the fun of creating said child?

    I realize this answer had nothing to do with the tax refund question, but as that has been answered, I decided I would address THIS stupidity.


    (HINT) He isnt working now, so technically, he isnt supporting the child, financially anyway.
    Apparently, neither is she.
    Last edited by mommyof4; 02-06-2009 at 09:03 AM.

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