Tax Offset?

[Momto1yrold]

What is the name of your state? NY

Went to court at end of Feb for daughters fathers' modificaton petition (in Jan Judge gave him time to find a job so suspension of collections was ordered). Well he didnt find one and now says he fell done cement steps and didnt get a job because they seen the neckbrace on him doctors notes (he sent to judge only-not me nor my lawyer) said to be out from Jan 28th to Mar 1st. Well the judge threw out his petition (some technical term for not filing correctly- he forget some part of the petition process not sure exactly and becasue he shouldnt get it lowered due to his own misconduct (his original reason/petition reason was he was fired and couldnt collect UIB and alter in court because he collected on a check he was not supposed to). The judge told him to pay something every week whatever he could afford until he finds a job (he wont pay anything-he didnt even when he was working and we were waiting for the previous IEX's to go through).

So now he owes almost $4000 and he said they took his taxes. I believe last yr as of Sept or he owed arrears of $850-1200 so from what ive read i should get the state and the federal. His wife didnt work on the books so she cant file injured spouse etc.

How long does this process take? Last yr he filed on Jan 16th (i know this cause I was going through another modification petition from him trying to lower it) and I received that around last week of March. I believe this was only the state because his arrears were only $350 (i heard it has to be more than $150 for state and $500 for federal. State seemed pretty quick but how long does the federal take and will they take the current amount he owes or just what he owed back when they put in for the offset? Does 8-10 weeks sound about right for State refunds?

 

[GrowUp!]

His wife didnt work on the books so she cant file injured spouse etc.

Well that is none of your business to begin with and if she does, then she does.

How long does this process take?

Have you asked the IRS, since THEY are the ones that deal with refunds? (and since your question is not really a legal one). You should suspect that the closer he waits until April 16th, the longer it could take. That is unless he files an extension OR he's even entitled to a refund.

 

[Momto1yrold]

Well that is none of your business to begin with and if she does, then she does.

Never said it was just what he said so I am not trying to start trouble here IF I really cared I could easily turn her into IRS, just stating there cannot be a injured spouse income (previously when he said he was divorced before even becoming pregnant with my daughter etc-he told me she ran a daycare business under the table thats how I know I didnt ask him. Then in court he says his wife is a SAHM and doesnt work, ive seen his copies of his taxes from court says "homemaker". I dont care about her im just stating what he said is that ok and what is factual?

Have you asked the IRS, since THEY are the ones that deal with refunds? (and since your question is not really a legal one). You should suspect that the closer he waits until April 16th, the longer it could take. That is unless he files an extension OR he's even entitled to a refund.

No I didnt realize they would even bother to answer this. I figured there are people here who have been through it and MAY possibly know. I apologize if I simply bothered you with asking on here, but why bother replying to me, just to attack me about the wife. I dont care about her. But when he brings the information out that doesnt mean I am worried about it or her. I do know it is illegal to have a business and not pay taxes in which I could turn her into the govt but I dont simply care.

I already know he filed he stated this in Feb of this yr in court because he was whining that they took it and he thought he would still get the refund back because of the collections suspension but he was wrong. So no its already a done deal so he says and I believe it by the way he was carrying on.

But ughh thanks for your reply anyway.

 

[fairisfair]

actually the IRS is not necessarily the one to ask about tax intercept, you should contact your CSE they can tell you if in fact your case has been certified for the process. Generally, the tax refund can be held up to 6 months in order to give the spouse time to file the injured spouse form and to have it addressed. You also need to remember that just because you are entitled to receive the refund, that does not mean that there is a refund due to him, or even that he will file his taxes.

 

[MrsK]

What is the name of your state? NY

Went to court at end of Feb for daughters fathers' modificaton petition (in Jan Judge gave him time to find a job so suspension of collections was ordered). Well he didnt find one and now says he fell done cement steps and didnt get a job because they seen the neckbrace on him doctors notes (he sent to judge only-not me nor my lawyer) said to be out from Jan 28th to Mar 1st. Well the judge threw out his petition (some technical term for not filing correctly- he forget some part of the petition process not sure exactly and becasue he shouldnt get it lowered due to his own misconduct (his original reason/petition reason was he was fired and couldnt collect UIB and alter in court because he collected on a check he was not supposed to). The judge told him to pay something every week whatever he could afford until he finds a job (he wont pay anything-he didnt even when he was working and we were waiting for the previous IEX's to go through).

So now he owes almost $4000 and he said they took his taxes. I believe last yr as of Sept or he owed arrears of $850-1200 so from what ive read i should get the state and the federal. His wife didnt work on the books so she cant file injured spouse etc.

How long does this process take? Last yr he filed on Jan 16th (i know this cause I was going through another modification petition from him trying to lower it) and I received that around last week of March. I believe this was only the state because his arrears were only $350 (i heard it has to be more than $150 for state and $500 for federal. State seemed pretty quick but how long does the federal take and will they take the current amount he owes or just what he owed back when they put in for the offset? Does 8-10 weeks sound about right for State refunds?

I believe it takes about 6-8 weeks from when the IRS intercepts until when CSE/SES receives the payment, then who knows how long until they give it to you.

 

[Momto1yrold]

actually the IRS is not necessarily the one to ask about tax intercept, you should contact your CSE they can tell you if in fact your case has been certified for the process. Generally, the tax refund can be held up to 6 months in order to give the spouse time to file the injured spouse form and to have it addressed. You also need to remember that just because you are entitled to receive the refund, that does not mean that there is a refund due to him, or even that he will file his taxes.

In court he was crying that they took his tax refund of something (couldnt hear the first amount) and then a amount for $1700 so I know he filed and I should be getting something. She aksed him how much and well that will help pay some arrears but I am not waiting 6 months to file a violation. Me and my lawyer are waiting a month and then were filing. He ignored the medical costs letter that I wrote to him as well back in Nov of last yr. Now how devious will everyone think i am @@ cause im supposedly the bad guy here.

He thought he would get the refund because of the order the judge wrote in Jan suspending collections so he could find a job. He didnt so judge said no and reinstated the previous order. He prolly wouldnt have had a refund but he had a new baby this Dec (HE stated in court-I didnt go snooping in "WIFES BUSINESS" or anything nor do I care excpet the fact that the new child will not in anyway help him get it lowered) but I can imagine he claimed the child and if the wife has no income (same thing he said this in court) she couldnt possibly claim him.

 

[Momto1yrold]

I believe it takes about 6-8 weeks from when the IRS intercepts until when CSE/SES receives the payment, then who knows how long until they give it to you.

Thank you for your reply. I appreciate it.

 

[fairisfair]

In court he was crying that they took his tax refund of something (couldnt hear the first amount) and then a amount for $1700 so I know he filed and I should be getting something. She aksed him how much and well that will help pay some arrears but I am not waiting 6 months to file a violation. Me and my lawyer are waiting a month and then were filing. He ignored the medical costs letter that I wrote to him as well back in Nov of last yr. Now how devious will everyone think i am @@ cause im supposedly the bad guy here.

He thought he would get the refund because of the order the judge wrote in Jan suspending collections so he could find a job. He didnt so judge said no and reinstated the previous order. He prolly wouldnt have had a refund but he had a new baby this Dec (HE stated in court-I didnt go snooping in "WIFES BUSINESS" or anything nor do I care excpet the fact that the new child will not in anyway help him get it lowered) but I can imagine he claimed the child and if the wife has no income (same thing he said this in court) she couldnt possibly claim him.

Wow, you really just want to argue don't you?? You and your attorney must obviously do whatever is in the best interest of your case. All you were told is what the legalities of the issue are. No one said that it would take 6 months, what was said was that it could be up to six months. You can guess all you want as to the wife's income or lack thereof, that is your perogative. The IRS will make the final determination as to what portion, if any, of the refund will be released to her.

 

[GrowUp!]

Never said it was just what he said so I am not trying to start trouble here IF I really cared I could easily turn her into IRS, just stating there cannot be a injured spouse income (previously when he said he was divorced before even becoming pregnant with my daughter etc-he told me she ran a daycare business under the table thats how I know I didnt ask him. Then in court he says his wife is a SAHM and doesnt work, ive seen his copies of his taxes from court says "homemaker". I dont care about her im just stating what he said is that ok and what is factual?

Umm, no you can't "turn her in." Even if he is not being truthful about his new spouse, it's still none of your business. He doesn't have to tell you the truth on what she does.

No I didnt realize they would even bother to answer this. I figured there are people here who have been through it and MAY possibly know. I apologize if I simply bothered you with asking on here, but why bother replying to me, just to attack me about the wife. I dont care about her. But when he brings the information out that doesnt mean I am worried about it or her. I do know it is illegal to have a business and not pay taxes in which I could turn her into the govt but I dont simply care.

You don't care, but yet you just rambled on about it. Oookay there.

I already know he filed he stated this in Feb of this yr in court because he was whining that they took it and he thought he would still get the refund back because of the collections suspension but he was wrong. So no its already a done deal so he says and I believe it by the way he was carrying on..

As stated, check with CSE to see if they actually issued a Notice to him that any refund he might get would be intercepted. That would have been done around late-Aug or September of last year. And if there is was nothing done by CSE, then you are not entitled to his refund and you should act now so they can flag it for any refund he might get for his 07 return next year.

 

[fairisfair]

Umm, no you can't "turn her in." Even if he is not being truthful about his new spouse, it's still none of your business. He doesn't have to tell you the truth on what she does.


You don't care, but yet you just rambled on about it. Oookay there.


As stated, check with CSE to see if they actually issued a Notice to him that any refund he might get would be intercepted. That would have been done around late-Aug or September of last year. And if there is was nothing done by CSE, then you are not entitled to his refund and you should act now so they can flag it for any refund he might get for his 07 return next year.

I think that they are usually done in October.

 

[Momto1yrold]

Wow, you really just want to argue don't you?? You and your attorney must obviously do whatever is in the best interest of your case. All you were told is what the legalities of the issue are. No one said that it would take 6 months, what was said was that it could be up to six months. You can guess all you want as to the wife's income or lack thereof, that is your perogative. The IRS will make the final determination as to what portion, if any, of the refund will be released to her.

I wasnt arguing with you I was referring to the previous person "grow up" about me being the bad guy here, not you.
I was just replying to yours but I apologize if you took it that way but thanks for the reply before this one anyway.

But about the 6 months thing you did say it could take up to 6 months He wont pay willingly he doesnt care they cant do anything that will hurt him except take his license or put him in jail if it HAS to go that far me and my lawyer will do it. Your previous post was where I got the 6 months thing. All I said was I wasnt going to wait 6 months to take action thats all if you want to rearrange it and im not going to wait up to 6 months is that better?

I wasnt arguing with you in that post I was referring to the ones who get all offensive when the posters ex, has a wife and if you even say the word "wife" they think your in the wifes business etc. Only petition I filed was support over 2 yrs ago but he brings me into court every 6-8 months and carrys that along even longer by objecting wasting tax dollars. Ive been more than civil to him.

Once again I wasnt arguing with you I was just saying how if theres a wife involved they only remember the poster saying the word wife and then thinking im all over the woman. In fact when its the opposite.

About the wifes income there is no guessing ok Ive stated this before and you dont have to believe it but whatever its my case. The father had given my lawyer copies of his taxes listing "wife" as a homemaker and no income. Hes stated plenty of times in court his wife doesnt work. He told me she has a under the table home daycare business back before any of this mess. In Jan, he (daughters father) stated she had baby and he had to take care of baby cause she had surgery etc. He stated she doesnt work and they are on dss (i havent seen proof who knows). So far taxes only show him working so your wrong im not "Guessing".

If she didnt work then she cannot claim taxes end of story there is no guessing. Ive told you its a fact.
Her "home business" well you would have to claim that income to file taxes in which they are married and it shows her as no income thats it. Im saying the IRS facts and the facts from the copies of taxes filed in court not a figmant of my imagination. Thank you again.

 

[Momto1yrold]

Umm, no you can't "turn her in." Even if he is not being truthful about his new spouse, it's still none of your business. He doesn't have to tell you the truth on what she does.

Ughh yes you can, there are links on IRS to report tax fraud. Thanks. Ive looked into it and have been told I should, I dont care to.

You don't care, but yet you just rambled on about it. Oookay there.

No I dont care about her but sure believe what you will. :rollseyes:

As stated, check with CSE to see if they actually issued a Notice to him that any refund he might get would be intercepted. That would have been done around late-Aug or September of last year. And if there is was nothing done by CSE, then you are not entitled to his refund and you should act now so they can flag it for any refund he might get for his 07 return next year.

He is far enough behind and they did send him a notice and HE stated in court they took his taxes so he already filed. He said in end of Feb (2 weeks ago) they tookd his refunds one was $1700 and I couldnt hear what he said before that.

They already intercepted it I was just curious how long the process usually takes. Hes already 5 months in arrears and owes me $600 for uncovered medical costs. Also was curious if they take the amount owed at tax time or owed when they issued the offset in Aug or Oct?

 

[fairisfair]

oh, don't mind grow up, and by the way, he gave you complete and correct information. Just because you don't like how someone says something here, well, that is something that you don't get to choose. As for the amount that will be withheld, it should be whatever was owed at time of intercept, again that is a question that can be best answered by your local cse. Heck, I don't wait for anything to happen, that is usually how to best get nothing to happen. Nobody here said that you were the bad guy, just leave his new wife out of it, that is all, justice is one thing, revenge is something different all together. and we don't even like the smell of that here.

 

[LdiJ]

oh, don't mind grow up, and by the way, he gave you complete and correct information. Just because you don't like how someone says something here, well, that is something that you don't get to choose. As for the amount that will be withheld, it should be whatever was owed at time of intercept, again that is a question that can be best answered by your local cse. Heck, I don't wait for anything to happen, that is usually how to best get nothing to happen. Nobody here said that you were the bad guy, just leave his new wife out of it, that is all, justice is one thing, revenge is something different all together. and we don't even like the smell of that here.

I honestly think that she only made the comment about the wife to illustrate that there would be no injured spouse form filed. That actually is a rather important piece of information, because that means that the IRS will release the money to the CSE more quickly.

 

[fairisfair]

I honestly think that she only made the comment about the wife to illustrate that there would be no injured spouse form filed. That actually is a rather important piece of information, because that means that the IRS will release the money to the CSE more quickly.

you might notice that I was not the one that jumped on her for anything that she said, and that I tried only to help her. Your comment could have been better directed, to another poster.