State won't release support

[jlmac]

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

My wife's X is significantly behind on child support and the state of Vermont confiscated his IRS refund. He was recently remarried and filed jointly. Vermont won't release the money for 6 months because they say his new wife has the right to file for "innocent spouce" and have her portion of the refund returned to her. Is there any way to get this money from the state now or are we just stuck waiting the fulll 6 months? Thanks very much

 

[TheGeekess]

Your wife gets to wait. Why do you think Dad's wife should have to pay for her husband's children? You'd be having a fit if it were you.....

 

[Antigone*]

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

My wife's X is significantly behind on child support and the state of Vermont confiscated his IRS refund. He was recently remarried and filed jointly. Vermont won't release the money for 6 months because they say his new wife has the right to file for "innocent spouce" and have her portion of the refund returned to her. Is there any way to get this money from the state now or are we just stuck waiting the fulll 6 months? Thanks very much

We aren't stuck. Your wife is.

 

[CSO286]

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

My wife's X is significantly behind on child support and the state of Vermont confiscated his IRS refund. He was recently remarried and filed jointly. Vermont won't release the money for 6 months because they say his new wife has the right to file for "innocent spouce" and have her portion of the refund returned to her. Is there any way to get this money from the state now or are we just stuck waiting the fulll 6 months? Thanks very much

The phrase is "injured spouse" and it works like this:

Dad owes child support arrears.

Dad and spouse file joint tax return and are entitled to a refund.

Child support intercepts said refund and by federal law, has to hold it for 180 days to allow the spouse opportunity to file to claim her portion of their joint refund.

As she is not the child's parent and doesn't owe the past due support, she is entitled--if she opts to pursue it--to request that her portion be refunded to her.

This is law, and the money may NOT be released any sooner than 180 days.

 

[jlmac]

The phrase is "injured spouse" and it works like this:

Dad owes child support arrears.

Dad and spouse file joint tax return and are entitled to a refund.

Child support intercepts said refund and by federal law, has to hold it for 180 days to allow the spouse opportunity to file to claim her portion of their joint refund.

As she is not the child's parent and doesn't owe the past due support, she is entitled--if she opts to pursue it--to request that her portion be refunded to her.

This is law, and the money may NOT be released any sooner than 180 days.

Thank you all for responding. This is not her obligation, I agree. Is there any way to find out if she plans on pursuing a claim? Also it seems strange that she did not file the claim upon filing in the first place.

 

[Antigone*]

Thank you all for responding. This is not her obligation, I agree. Is there any way to find out if she plans on pursuing a claim? Also it seems strange that she did not file the claim upon filing in the first place.

You'd have to askt he possibly injursed spouse

 

[CSO286]

Thank you all for responding. This is not her obligation, I agree. Is there any way to find out if she plans on pursuing a claim? Also it seems strange that she did not file the claim upon filing in the first place.

She may be trying to help her husband pay it off.

In any event, even if she has no interest in pursuing her injured spouse claim, the money is still going be held for 180 days. There really aren't any exceptions to this.