can they intercept?

[mikado83]

What is the name of your state?IL. My husband has been paying child support since 99. When they finally settled the court ordered he pay 48 more a week for arrears, which he has been doing. Now his ex has got married and it seems they want all that money at one time and is taking my husband to court to try to intercept our income tax returns, since we have a home and three children, we file joint, so i am a little concerned about the outcome of this ....should i be worried ? is there something we can do? She is also asking the court that her husband be reinbursed on account that he insured the children (since she had made a verbal agreement to insure them,and if she stopped working never made an attempt to inform my husband of the situation)can they do that and obviously they would have to produce some kind of proof what can and should we do?

 

[424Smudge]

1) File your income taxes with an Injured Spouse Form. Any accountant will know what this is. If you do not have an accountant then I am sure LDJ will know the exact number of the form. Dad's half of the tax return will be taken but not yours.
2) Who does the order say has to provide insurance? I think that since the step-dad voluntarly provided the insurance there is nothing he can do to get the money back but it doesn't mean that if dad was ordered to provide the cards that he won't get in trouble for not doing it.

 

[LdiJ]

1) File your income taxes with an Injured Spouse Form. Any accountant will know what this is. If you do not have an accountant then I am sure LDJ will know the exact number of the form. Dad's half of the tax return will be taken but not yours.
2) Who does the order say has to provide insurance? I think that since the step-dad voluntarly provided the insurance there is nothing he can do to get the money back but it doesn't mean that if dad was ordered to provide the cards that he won't get in trouble for not doing it.

Form 8379

However, if you are going to do this then I recommend that you use a professional tax preparer to handle your taxes. Form 8379 can be really tricky to fill out properly....particularly if there are child as dependents on the return.

However, the OP hasn't old us how much the arrearages are. It may be in their family's overall best interest to allow the entire refund to be intercepted.
If the weekly amount going towards arrearages isn't enough to cover both interest and a fairly decent amount of principal, the arrearages are just going to grow....which means that dad could be paying child support long after his children are adults.