• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Back Child Support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

imgloria

Junior Member
I live in Ga, my ex now lives in N.Y., our case is out of Fl. He owes a substantial amount of back support, with no ongoing support because our children are of age now. He recently remarried, and she will file head of household on this years taxes. Should her taxes be intercepted for his child support debt ?
 
Last edited:


Proserpina

Senior Member
What is the name of your state (only U.S. law)? I live in Ga, my ex now lives in N.Y. our case is out of Fl. He owes a substantial amount of back support, with no ongoing support because our children are of age now. He recently remarried, and she will file head of household on this years taxes. Shouls her taxes be intercepted for his childsupport debt ?


How recently is "recently"? After Jan 1st?
 

imgloria

Junior Member
I live in Ga, my ex now lives in N.Y., our case is out of Fl. He owes a substantial amount of back support, with no ongoing support because our children are of age now. He recently remarried, and she will file head of household on this years taxes. Should her taxes be intercepted for his child support debt ?
They were married around July of 2011
 

Proserpina

Senior Member
NO? What if she had her OWN child or children, and her own household BEFORE the marriage?

I'm reading this:

To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests.

You file a separate return (defined earlier under Joint Return After Separate Returns ).

You paid more than half the cost of keeping up your home for the tax year.

Your spouse did not live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences , later.

Your home was the main home of your child, stepchild, or foster child for more than half the year. (See Home of qualifying person , later, for rules applying to a child's birth, death, or temporary absence during the year.)

You must be able to claim an exemption for the child. However, you meet this test if you cannot claim the exemption only because the noncustodial parent can claim the child using the rules described later in Children of divorced or separated parents or parents who live apart under Qualifying Child or in Support Test for Children of Divorced or Separated Parents or Parents Who Live Apart under Qualifying Relative. The general rules for claiming an exemption for a dependent are explained later under Exemptions for Dependents
 

Gracie3787

Senior Member
I live in Ga, my ex now lives in N.Y., our case is out of Fl. He owes a substantial amount of back support, with no ongoing support because our children are of age now. He recently remarried, and she will file head of household on this years taxes. Should her taxes be intercepted for his child support debt ?
As others have said, she most likely will not be able to file HOH. IF her and your ex file jointly, yes, at first the entire tax refund can be intercepted. However, the wife will be given the opportunity to file an injured spouse form to reciev only her portion of the refund. Then, your ex's portion would be intercepted for the CS.
 

nextwife

Senior Member
Depending upon whether they overpaid withholding, the HOH could merely result in less tax OWED now, rather than a refund available to partially intercept. Interception is only a factor when the party has overpaid their wothholding.
 

imgloria

Junior Member
I have a CLUE how they are filing BECAUSE HE told our son. He only works 6 months out of the year and now that they are married, she will be filing HoH (AS HE TOLD MY SON)......He does everything possible to avoid paying. I just assumed that when they got married, his debt became THEIR debt.
 

nextwife

Senior Member
I have a CLUE how they are filing BECAUSE HE told our son. He only works 6 months out of the year and now that they are married, she will be filing HoH (AS HE TOLD MY SON)......He does everything possible to avoid paying. I just assumed that when they got married, his debt became THEIR debt.


Only if his child becomes her child. I somehow think his child still is YOUR child, though, not her child.

And you misunderstand marital debt. One's premarital debts do not "become" marital debt just because one marries. If I enter a marriage with a 10k car loan and a 150k mortgage, those premarital debts do not become new huuby's legal responsibility.
 

Isis1

Senior Member
I have a CLUE how they are filing BECAUSE HE told our son. He only works 6 months out of the year and now that they are married, she will be filing HoH (AS HE TOLD MY SON)......He does everything possible to avoid paying. I just assumed that when they got married, his debt became THEIR debt.
not child support. child support will only and forever be HIS debt.

how they file their taxes it not any of your business. it's their problem.

just focus on what you can do. take him to court for contempt. take him back for installment payments. you can subpeona his taxes, you can request garnishment of HIS tax refund. request jail time, license suspension...
 

LdiJ

Senior Member
not child support. child support will only and forever be HIS debt.

how they file their taxes it not any of your business. it's their problem.

just focus on what you can do. take him to court for contempt. take him back for installment payments. you can subpeona his taxes, you can request garnishment of HIS tax refund. request jail time, license suspension...
I agree....

However, I have to say this, as often as I get the chance. I you are married and file head of household (unless you have been legitimately separated for more than the last six months of the year) the you are committing TAX FRAUD.

Your choices are married filing separately, or married filing jointly (submitting an injured spouse form with your return if necessary).
 

Proserpina

Senior Member
I agree....

However, I have to say this, as often as I get the chance. I you are married and file head of household (unless you have been legitimately separated for more than the last six months of the year) the you are committing TAX FRAUD.

Your choices are married filing separately, or married filing jointly (submitting an injured spouse form with your return if necessary).

Thank you for confirming that. I figured nextwife had misunderstood.

:)
 

Isis1

Senior Member
I agree....

However, I have to say this, as often as I get the chance. I you are married and file head of household (unless you have been legitimately separated for more than the last six months of the year) the you are committing TAX FRAUD.

Your choices are married filing separately, or married filing jointly (submitting an injured spouse form with your return if necessary).
i suspected as much. considering i could have sworn you stated something to that effect on another thread, but i couldn't find it so i didn't want to say anything about it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top