Tax Refund Levy for Back Child Support

[lratterman]

What is the name of your state? CO

My husband owes back child support because his judgement amount was 75% of his income and he can only afford to pay 60%. He has had a levy against his tax refunds to pay this off. His agreement with his ex-wife is for each of them to claim one child (they have 2) on tax returns, and she signed a form 8332 "for all future years". After filing our taxes this year, we found out that she had claimed both children. She now states that, since my husband owes back child support, that he has no right to claim the one son and has not had the right for years. She says that she is going to get us audited for this, even though she was fully aware that he was claiming him and supportive of it before now.

My question is this: His refund money has gone to her for 4 years for the arrears. If he is audited and it is determined that he (she) should not have gotten that money back, is she entitled to pay it back or is he?
Thanks.

[Snipes5]

Once you send them a copy of the 8332, SHE will have to pay it back. You can file your return on paper and include a copy of the 8332, they will award you the refund and put it toward arrearages.

If she signed that thing of all future years, she's toasted.

Snipes

[LdiJ]

Originally Posted by Snipes5

Once you send them a copy of the 8332, SHE will have to pay it back. You can file your return on paper and include a copy of the 8332, they will award you the refund and put it toward arrearages.

If she signed that thing of all future years, she's toasted.

Snipes

I also responded to you in the other forum and gave you the same info. As far as the IRS is concerned she's in the wrong. However that still doesn't mean that the state court judge can't or won't make a different decision