• 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.

Filed for child support enforcement but I still dont think I will see it.

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

maryjo

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

Can you all please help me figure out what this letter from the DOR says? I am thinking it says I wont be getting the back child support my ex husband owes.

He has paid almost NO child support this entire year. After forgiving half his 3000 dollars in back child support last year he quickly racked up close to that again this year. Thats on top of the 1500 from last year.

So, 4 years of playing games with him I had enough and finally filed for child support enforcement.

Yesterday I got this letter in the mail from the DOR.

The Florida Department of Revenue, Child Support Enforcement Program, has made a certificate to the IRS for the past due support owed to you by *****, the non-custodial parent. The certification requests the IRS to intercept any federal tax refund which may be due to the noncustodial parent and to send any intercepted monies to the Department.

The IRS may reclaim a refund or portions of a refund for various reasons when a noncustodial parent files an amended tax return, which can be done for up to six years after the tax year. When the IRS reclaims any portion of a refund that has been paid to you, the Department will ask you to repay all or a portion of the amount paid to you.

In accordance with federal regulations, the Department will hold IRS intercepts involving joint tax returns for 180 days before releasing the collection to allow the joint filer an opportunity to claim his or her portion of the refund by filing an "injured spouse" claim. Although the majority of claims are filed withing 180 days after notification of the intercept, federal law allows an unobligated or "injured spouse" six years to claim his or her portion of the refund by filing an amended return. If the IRS reclaims any portion of a refund after the 180 days, the Department will ask you to repay all or a portion of the amount paid to you.

Pursuant to the federal law, a tax refund intercept will be first applied to satify amounts certified as past due support assigned to the State of Florida or to another state for public assistancebenefits recevied by you, or for benefits recevied by another person to whom the noncustodial parent owes past due support. This is in accordance with the federal regulations. If no past due support is owed to the state, any refund received by the Department will be applied to the past due support owed to you by the noncustodial parent.

Sooooo....does this mean its a pretty good bet I still wont be seeing that child support? He still isnt paying. He paid twice in July, twice in August and once in September. None of them were the amount he was supposed to pay. Not even half. Other than that he hasnt paid since February. He quit his part time job to go to school on the GI Bill and SWORE he would pay his child support from what was left over on the GI Bill. He finally got a part time job but still hasnt paid anything. He basically told me he wont be able to pay anything until he gets out of school in December and gets a job and...oh yeah...that will take some time because they dont really hire during the winter.

However, in the meantime he has had the money for a new vehicle, an Android phone, and for two weddings within three weeks. One for him and his now wife, and the other for her son. He is constantly buying new guns or getting them as bonuses from work. A few weeks ago he SWORE he would send child support and never did. When I asked about he said "I was told we only had 90 dollars for food and gas for the week. I will see what I can do about next week." I am so tired of his games. He has money for whatever he wants or needs it for but not to support his ONLY child. I finally told him I wish I had the ability to say "Oh...sorry but I just cant take care of you this week son. Maybe next week I can feed you."

He said he didnt care if they take his tax refund (because it wont be much since he only worked part time most of the year) but that there will be trouble if they try to take her's.

I was told that when I filed they would send him three letters telling him he was behind. If he still didnt pay they would take his liscense and if he STILL didnt pay then he would go to jail. I have this horrible feeling that he is still going to get away without paying, all while it still keeps adding up, and I am just screwed.

Any help would be great. Oh...and other than having my son on Florida Kid Care for health insurance, that I pay 20.00 a month for, I am not on government assistance and never have been. I dont get food stamps or housing or anything. I DO work two jobs and never stop! LOL! I did, however, have to give up MY health insurance just to make ends meet.
 


WittyUserName

Senior Member
You may see it but it's unlikely to be anytime soon. You should be prepared for a long wait when it comes to CS. Is it okay/legal/ethical behavior on Dad's part not to pay? No. But the reality is that CS collection and enforcement can take a while. Be patient.

The DOR is trying to intercept his tax return. This is good; but he's remarried so they'll hold whatever they intercept for 180 days before releasing it to you. The reason they do that is that his wife may choose to file an "injured spouse" form, which essentially means that she can get her half of their joint return back. His half will still go towards his CS arrears, however.

Why would you forgive his back CS? Because that seems counterproductive. I hope you won't do that again.
 

Gracie3787

Senior Member
Actually, the letter is a very good sign for you. It means that the DOR is beginning to take the legally required steps to fully enforce your order.

If he does file a return and is owed a refund, it will be intercepted. Of course, you'll have to wait the required time before getting it, but when they do an intercept, first the IRS will send him a notice of intercept, then the DOR will send him one. In that notice from the DOR he will be notified that if his spouse has not already filed the injured spouse form, she will have the chance to do so.

Keep in contact with your caseworker, to make sure they are keeping up with the case.
 

nextwife

Senior Member
he has had the money for a new vehicle, an Android phone, and for two weddings within three weeks. One for him and his now wife, and the other for her son. He is constantly buying new guns or getting them as bonuses from work. A few weeks ago he SWORE he would send child support and never did. When I asked about he said "I was told we only had 90 dollars for food and gas for the week. I will see what I can do about next week." ."

If he is not owed a refund, there will be no intercept.

I AM curious why you think your ex is the one who payed for the referenced weddings and car? Why would the child's two parents and the bride's family not have paid for her son's wedding (or son and his bride could have) and how could you possibly know they did not? Why do you think he paid for his recent wedding when the bride's side usually pays? New car could be hers (I buy my own cars and always have).
 

maryjo

Member
If he is not owed a refund, there will be no intercept.

I AM curious why you think your ex is the one who payed for the referenced weddings and car? Why would the child's two parents and the bride's family not have paid for her son's wedding (or son and his bride could have) and how could you possibly know they did not? Why do you think he paid for his recent wedding when the bride's side usually pays? New car could be hers (I buy my own cars and always have).
Because he tells his mother and sisters everything and they...in turn...tell me. I never ask them anything, they just offer the information because they are all FURIOUS at him for not paying his child support. This summer he was going around telling everyone that he was caught up on his child support. Plus...this is HIS bride's 5th wedding and she is in her 50's. Her parents, one of which is dead, did not pay for the wedding although they did pay for a week long honeymoon. And HE told me he paid for the vehicle.

I dont give a damn what they do with their money so long as the child is being taken care of. But its quite a slap in the face to constantly hear from him that he doesnt have any money when he CHOSE to quit his job, CHOSE to only months later get a part time job and then find out all the things he has spent his money on, none of which are his only child. Especially when I have been BEYOND patient and nice about it for FOUR YEARS! And especially when said child comes home from weekend visits telling me all the new things his dad has.

Just last Christmas he called and had me ask our son if he still wanted to come over for Christmas but he didnt have any money to buy him anything. So I went and, using the LAST little bit of money I had, I got some stuff for him to give our son on Christmas. The day after Christmas my ex called me to yell at me because our son didnt sleep the night before and because his hair was too long. And when I picked our son up, he went on and on about all the things they had gotten him for Christmas. None of which is what I bought.

The first year he was supposed to claim him on his taxes and wasnt supposed to because we have in our divorce order that he can not claim him if he is behind in his child support....which he was....he called me and BEGGED me to let him claim him and then he would use his return to pay the back child support. I did it to be nice and I never saw a penny. Seems he owed the IRS back taxes. Guess who got the money.

When he quit his job to go to school this year he was going on the GI Bill. He swore up and down he was going to pay his child support out of that. It might not be what he was supposed to pay but he would be paying something. Thats fine. So long as he shows me he is ATTEMPTING to pay, I dont worry. He then called and said they screwed him out of the money he was supposed to be getting so he couldnt pay.

And last but certainly not least....last summer he filed to have his child support lowered because he had quit a job making 15 dollars an hour to move to the sticks with his then girlfriend and couldnt find a job. Finally found one making maybe 9 dollars an hour. Hey, I am reasonable. I realize he can not pay the same amount. He hired a lawyer because I refused to sign the paperwork he handed me. I called the court house and got advice here and was told not to sign it unless it came from the court. So he hired a lawyer and we ended up in mediation. He wanted to cut his child support down from 620 a month to 200, wanted me to meet him halfway to where he moved to, and wanted me to pay his lawyer and court fees. I did not hire a lawyer because I did not feel the need to. I did NOT agree to 200 a month because it was based on income and when it was all said and done his child support was lowered to just under 400 a month. I didnt mind about meeting him halfway. I had only argued with him about it because he tried to make it out like I HAD to do it and I informed him I did NOT HAVE to do it simply because he said so and because it was not court ordered I did not have to. However, I didnt mind and didnt even fight it. I drew the line at the lawyer and court fees. That was just not going to happen. I would have gone straight to court over that. But they backed off on that.

As for FORGIVING him half his arrearages, I was kind of made to feel like I didnt have much choice. They asked to retroact his new lowered amount back to when he started that job. I could have fought it in court I guess but I just didnt want or need the stress. And I could not afford a lawyer. So I was nice about it and just let it go. So when they retroacted it back he didnt owe as much. Of course, I had to agree to this and I did. And he thinks I did it because I HAD to because he had a lawyer!!! LOL! He actually said that to me the other day. "You had to forgive it because I had a lawyer." Um...ok. And no...it will NEVER happen again. I dont care if I do have to get a lawyer and go before the actual judge. They did order him to pay 25 dollars a month towards the remaining 1500.00 he owed in back child support and because of that order he insists he is caught up on his child support. Well, caught up until this year that is.

So it is not like I havent been nice about this. For four years I have been nice about it. When I was living with my parents and really didnt have any bills to pay it was one thing. Now that I am out on my own and have to pay for rent and electric its another story. I am doing it on my own. Have been for 11 months now. I had a few weeks where I had little to no money and we were eating canned goods someone gave us from the food bank. I had only enough money to put gas in my car to get to work. That was a scary time. Since then I gave up my health insurance and things are much easier. I put my son on Florida Kid Care so at least he has health insurance. (Saw his doctor today and got 3 booster shots and the flu nasal mist. :) ) I cant get him much for Christmas but I did get him two really cool things. And that will be it from me. He is 11. He understand things have been rough and Christmas wont be huge this year. He is in a free afterschool program that gives them a snack and dinner so that has been very helpful and my parents still keep him at least one night a week. I work two jobs and work 6-7 days a week. A fulltime job and a part time job. But my immediate bills are paid (car, insurance, rent, electric) and there is some food in the house. (we dont eat much at home) It would just make it much easier if he would pay his child support. I could get an oil change on my car, pay some outstanding bills, buy him some new clothes since he has outgrown everything I bought right before school started.


My biggest question in all this is, though, if they go after his tax refund thats fine. It wont be much. He barely worked part time most of the year and this is not his year to claim our son, not that he could. But he is STILL not paying child support even though he knows I filed with child support enforcement. They had told me they would send three letters letting him know he was behind. Then they would go after his liscense and then put him in jail. Are they doing that now, you think? I havent spoken to him in a few weeks, since he found out about this. At that time it was all my fault and I was accused off all kinds of lovely things. But even if they are going after his tax refund to help pay the arrearages, are they actively going after him for what he currently isnt paying?

I am sorry this is so long. But I do appreciate the help and advice. I dont have an internet connection at home so I have to go to my parent's house to use their computer. It might take me some time but I will respond. THANK YOU ALL SO MUCH!!!
 
Last edited:

WittyUserName

Senior Member
Oh yeah. He'll still be on the hook for ALL the support. Even if they intercept his tax return. The clock doesn't stop ticking on that stuff. It may take a while, but all those support arrearages don't disappear until they're paid.

But be aware, in some cases people have to go to jail multiple times before they get it together and learn to follow a court order. And there are some who never learn, sadly. If you focus on doing what you can for your child and ignore Dad's bonehead choices, you'll do better in the long run. A parent who deliberately fails to pay child support will feel like they're "winning" in the short term, but it's a disastrous financial move long-term.

Hang in there. Time heals all wounds, but time also wounds all heels, y'know? And if he continues to behave like a heel, there'll be consequences to that.
 

maryjo

Member
Oh yeah. He'll still be on the hook for ALL the support. Even if they intercept his tax return. The clock doesn't stop ticking on that stuff. It may take a while, but all those support arrearages don't disappear until they're paid.

But be aware, in some cases people have to go to jail multiple times before they get it together and learn to follow a court order. And there are some who never learn, sadly. If you focus on doing what you can for your child and ignore Dad's bonehead choices, you'll do better in the long run. A parent who deliberately fails to pay child support will feel like they're "winning" in the short term, but it's a disastrous financial move long-term.

Hang in there. Time heals all wounds, but time also wounds all heels, y'know? And if he continues to behave like a heel, there'll be consequences to that.
I think for a long time he was scared to go to jail. But the last thing he said was "I guess I will be sitting in jail then!" I dont think he has any intentions on paying it regardless. He told me that when he gets out of school in December he will try to get a job but they dont usually hire in the winter. He is going to be a HEATING and air conditioning tech. So basically he expected me to wait 9 months for him to get through school and then however long it takes for him to find a job before he then starts paying child support again, and just forget that he paid almost nothing this year.

And just so everyone knows. I did NOT do this because he got married. I did it weeks before I even knew he was getting married. They kept it a secret from me and his son. For some reason he thought his son would be excited about it and didnt want him to know until that weekend. Frankly, I think he just didnt want his son to tell me. But, his sister beat him to that punch on that one. They refused to go to the wedding. But I had no clue they were getting married when I filed.
 

mistoffolees

Senior Member
Question for the seniors. Would he not be allowed to claim the child on his tax returns if he is behind? I thought I read somewhere under Internal Revenue Service that it was not allowed.
It has nothing to do with anything.

If the child lives with him > 50% of the year, he gets the deduction via IRS rules. If the child lives with you > 50% of the year, then he doesn't get the deduction - unless you give it to him.

It is possible for a court to order you to sign an 8332 giving him the deduction, and it might even be possible to get a court order saying that you sign an 8332 only if he is current on support (this gets trickier, but just might work) but the IRS frankly doesn't care if he pays his support or not.
 

WittyUserName

Senior Member
I think for a long time he was scared to go to jail. But the last thing he said was "I guess I will be sitting in jail then!" I dont think he has any intentions on paying it regardless. He told me that when he gets out of school in December he will try to get a job but they dont usually hire in the winter. He is going to be a HEATING and air conditioning tech. So basically he expected me to wait 9 months for him to get through school and then however long it takes for him to find a job before he then starts paying child support again, and just forget that he paid almost nothing this year.

And just so everyone knows. I did NOT do this because he got married. I did it weeks before I even knew he was getting married. They kept it a secret from me and his son. For some reason he thought his son would be excited about it and didnt want him to know until that weekend. Frankly, I think he just didnt want his son to tell me. But, his sister beat him to that punch on that one. They refused to go to the wedding. But I had no clue they were getting married when I filed.
Yeah, this does happen. Is it fair for Dad to support this child when he feels like it? No. But the reality is that as the custodial parent you have to be able to survive without the child support. The wheels of justice turn rather slowly.

That said though, I think it does a great disservice to the child to not pursue CS. Some parents figure it's not worth the headaches, but if nothing else the money could be set aside and used for future emergency expenses, college costs, whatever.
 

WittyUserName

Senior Member
Question for the seniors. Would he not be allowed to claim the child on his tax returns if he is behind? I thought I read somewhere under Internal Revenue Service that it was not allowed.
If the court order says that Dad cannot claim the child if he's behind, then Mom doesn't have to sign the 8332 to allow Dad to take the deduction. And it would seem from Mom's post that this is the case.

But as Misto said, the IRS isn't gonna care whether Dad pays CS.
 

maryjo

Member
Little update.

I found out recently that they started garnishing his wages. He was NOT happy about it. However, someone in his family thinks he still owes the IRS back taxes so if that is the case....I will STILL not see the child support.

But at least things are moving.
 

LdiJ

Senior Member
It has nothing to do with anything.

If the child lives with him > 50% of the year, he gets the deduction via IRS rules. If the child lives with you > 50% of the year, then he doesn't get the deduction - unless you give it to him.

It is possible for a court to order you to sign an 8332 giving him the deduction, and it might even be possible to get a court order saying that you sign an 8332 only if he is current on support (this gets trickier, but just might work) but the IRS frankly doesn't care if he pays his support or not.
Its not particularly tricky. Its standard wording for all child support orders in my state, for example.
 

Find the Right Lawyer for Your Legal Issue!

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