Tax Stimulus Taken

[amarita77]

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

When I filed our taxes this year, I was under the impression that my "then" husband had paid off his child support with his comp settlement. He didn't. I got the entire regular tax refund with no problem. However, our entire tax stimulus went to pay the back child support. In our divorce decree, it is stated that the stimulus is to be split 50/50. I spoke with child support today and was told that the stimulus overpaid the child support so more than half of it was released to my ex husband today! The caseworker said there is nothing that can be done about it because it was already released to him. I know there's no way my ex is going to give me my half of the money. What can I do now? Do I have to sue him for it? Can I contact the IRS?

 

[Gracie3787]

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

When I filed our taxes this year, I was under the impression that my "then" husband had paid off his child support with his comp settlement. He didn't. I got the entire regular tax refund with no problem. However, our entire tax stimulus went to pay the back child support. In our divorce decree, it is stated that the stimulus is to be split 50/50. I spoke with child support today and was told that the stimulus overpaid the child support so more than half of it was released to my ex husband today! The caseworker said there is nothing that can be done about it because it was already released to him. I know there's no way my ex is going to give me my half of the money. What can I do now? Do I have to sue him for it? Can I contact the IRS?

If your court order specifically states that the stimulus check is to be split 50/50, and he does not pay you, you can file in court to enforce the order.

 

[mistoffolees]

If your court order specifically states that the stimulus check is to be split 50/50, and he does not pay you, you can file in court to enforce the order.

Something doesn't add up. She claims that she got her tax refund without any problem - which implies that she filed separately. Yet somehow the tax stimulus payment is in his name?

More specifics about the filing status would be helpful. OTOH, it won't really change anything - if the decree says you get half and he didn't get half, you can file for contempt to collect your half. Be sure to ask for your legal expenses (if you can't get the legal expenses, it's probably not worth bothering. After you subtract your costs and fees, there won't be anything left).

 

[amarita77]

I did file jointly. I think the reason the initial tax refund wasn't taken was because he had made a payment previously to catch up on the arrearages. After that payment in Nov/Dec, he quit paying child support again. That put him between $2,000 & $3,000 behind again by the time the stimulus checks went out.

 

[mistoffolees]

I did file jointly. I think the reason the initial tax refund wasn't taken was because he had made a payment previously to catch up on the arrearages. After that payment in Nov/Dec, he quit paying child support again. That put him between $2,000 & $3,000 behind again by the time the stimulus checks went out.

Then if you filed jointly and some of it was taken for CS, the check for the balance should have been issued in both names. You might start by finding that out. If they issued the check in both names and he forged your signature, he could be in a world of trouble. If they issued the check in his name only, I'd ask them to get the money back from him and issue a check in both names.

 

[amarita77]

When I talked to the cs caseworker, he told me the check was issued in just my ex's name because the cs orders were his.

 

[mistoffolees]

When I talked to the cs caseworker, he told me the check was issued in just my ex's name because the cs orders were his.

I believe that is in error. If the tax stiimulus check was issued jointly to you and your husband, then both names should have been on the check for the remaining balance.

Personally, I would ask for a supervisor to see if it can be straightened out, but that's a long shot. You're probably going to have to file for your ex to be held in contempt - which may cost enough to make it a useless effort.

 

[LdiJ]

What has happened here is very simple.

The CSE didn't get the lien sent into the IRS in time to seize the regular refund. (its got to be in by sept/oct for the regular refund to get seized.

However, by the time that the stimulous rolled around, a lien had been placed against him, so the stimulous check was taken. However, because he paid some money in Nov/Dec, the actual arrearage was less than the lien.

The remainder that was refunded to him was not refunded to him by the IRS, it was refunded by the CSE. Therefore it was in his name only. In other words, the CSE didn't send the difference back to the IRS to be refunded to them jointly, the CSE just sent him the extra.

She needs to file for contempt against him because he got constructive receipt of the entire stimulous rebate, and has not paid her, her share.

This scenario is very common, even without the stimulous rebate being thrown in. Many times the CSE liens are greater than the actual arrearage (because of subsequent payments) therefore the CSE refunds to the obligor the difference.

 

[Ohiogal]

What LDI stated. In Ohio if a NCP owes more than $500 in arrearages they can and will seize the refunds.