Child Support Upfront?

[WarCowboy]

State - Virginia

Alright here is the scenario...
A female I know don't have custody of their kids, due to a split up causing her to have no place to live adequate to the requirements of CPS.
(not enough rooms for her and her three sons)
She pays child support and works hard in hopes of getting ahead so there is the possibility of getting an adequate place to get them back.
The parents of the Father are the custody holders, as the Father was proven to be unfit for other reasons.
Contrary to that part, the Father lives with his parents which makes that part irrelevant apparently.
The amount paid for two kids per month is roughly $300 plus insurance cost.
The custody holder's don't work legitimate jobs oddly enough and didn't make enough to claim them on their taxes, so they have ask the parent (the Mother) to claim the kids on her taxes with intentions of being handed free money when the she gets the return bonus they couldn't get otherwise.

With all that being said, I have advised her against paying anything extra to those people, considering she is already doing all she can and for the kids sake, while they apparently just want a free ride.

Now with the question in contemplation...
Her and I where talking, discussing her options.
She had mentioned that she didn't want to give them her money, but instead would like to use it toward her support payments for the kids.
She said that she would like to use that money as a sort of down payment on the support so that she can actually make some money on her checks to get ahead with.
I guess the reasoning behind wanting to do it that way is so that her money can be metered easier by a bi-weekly work check basis, rather than having one large lump sum at once.
Is it possible to pay upfront for months in advanced like that, or can that not be done in this way for reasons I don't know about?

Thanks for any help.

 

[Isis1]

first question. are the payments made through the state?

 

[WarCowboy]

She said she pays it to the child enforcement place, so I assume yes.

 

[goddessoflubboc]

I'll assume she's paying through the state's IV-D agency.

First - the employment or lack thereof of the grandparents who were awarded custody is irrelevant. Obviously the judge and CPS looked around and found them fit.

The only way the mother's income tax refund would be garnished is if she was behind in her payments. If she is behind, her refund would be garnished up to the amount to be current.


Unless there is a court-order allowing her to take the deduction for the kids, she can't - they don't live with her.

Yes, she can pay ahead on her child support. However, let's say she gets paid six months' ahead. She can't then stop paying for six months, she still has to make her regular, ongoing payments. And if the children are returned to her while she's paid ahead, she'll have to fight the grandparents to get the money back.

Her best bet is to continue making her regular, ongoing payments like clockwork.

 

[LdiJ]

State - Virginia

Alright here is the scenario...
A female I know don't have custody of their kids, due to a split up causing her to have no place to live adequate to the requirements of CPS.
(not enough rooms for her and her three sons)
She pays child support and works hard in hopes of getting ahead so there is the possibility of getting an adequate place to get them back.
The parents of the Father are the custody holders, as the Father was proven to be unfit for other reasons.
Contrary to that part, the Father lives with his parents which makes that part irrelevant apparently.
The amount paid for two kids per month is roughly $300 plus insurance cost.
The custody holder's don't work legitimate jobs oddly enough and didn't make enough to claim them on their taxes, so they have ask the parent (the Mother) to claim the kids on her taxes with intentions of being handed free money when the she gets the return bonus they couldn't get otherwise.

With all that being said, I have advised her against paying anything extra to those people, considering she is already doing all she can and for the kids sake, while they apparently just want a free ride.

Now with the question in contemplation...
Her and I where talking, discussing her options.
She had mentioned that she didn't want to give them her money, but instead would like to use it toward her support payments for the kids.
She said that she would like to use that money as a sort of down payment on the support so that she can actually make some money on her checks to get ahead with.
I guess the reasoning behind wanting to do it that way is so that her money can be metered easier by a bi-weekly work check basis, rather than having one large lump sum at once.
Is it possible to pay upfront for months in advanced like that, or can that not be done in this way for reasons I don't know about?

Thanks for any help.

If the custodial grandparents cannot claim the children, then mom should, and she should NOT give them any of the refund. She should also not use it on a downpayment for child support either. She should put the money in savings to help her "get ahead".

 

[TinkerBelleLuvr]

non-custodial mom can NOT claim Earned Income Credit which is what generates those big refund checks. If mom gets an 8332 from the grandparents, then could claim the exemptions.

Why isn't dad claiming the children if the grandparents aren't doing so? Dad's living with the children, no?

 

[LdiJ]

non-custodial mom can NOT claim Earned Income Credit which is what generates those big refund checks. If mom gets an 8332 from the grandparents, then could claim the exemptions.

Why isn't dad claiming the children if the grandparents aren't doing so? Dad's living with the children, no?

Dad may not be working.

Tink...I have run some numbers on the 2009 program (just got it in) and with the expanded additional child tax credit the numbers can get pretty high even without EIC. With two kids mom is still probably looking at a healthy refund, just not an astronomical one.

My daughter made just a bit less money this year than last, and she is looking at a 1000.00 increase in her refund due to the expanded additional child tax credit. In addition, the Making Work Pay credit (the 400.00 that working people got via less withholding) is a refundable credit too.

So, even if this mother were to get no refund at all due to her withholding, she is looking at 2400.00 in refundable credits, so she would get at least that.

Edit to add: Of course that is assuming that her withholding would at least cover any calculated tax. However based on the amount of CS she is paying for two kids, odds are that her income is low enough that not much, if any, tax would calculate.

 

[TinkerBelleLuvr]

Ldij, I knew about the child tax credit part. But, generally, based on my guess as to her income level, most people tend to be after the Earned Income Credit (prior experience here.)

I just wanted to be real clear about it before someone makes a decision on a fraudulent act.

 

[LdiJ]

Ldij, I knew about the child tax credit part. But, generally, based on my guess as to her income level, most people tend to be after the Earned Income Credit (prior experience here.)

I just wanted to be real clear about it before someone makes a decision on a fraudulent act.

I agree absolutely. I just didn't want someone to think that it wasn't worthwhile to claim their children if they were low income and were not eligible for EIC.

 

[goddessoflubboc]

The fact remains, unless she is in arrears her refund would not be automatically garnished. And in such case she should not give any to the grandparents.

If dad has any income he should also have an order to pay support.

 

[WarCowboy]

First off, thanks for all the replies.
And to answer those things in question...
The Father doesn't have a job and hasn't, as a good part of his time was spent in jail until recently. I understand from the mother that he is getting TANF somehow which I don't understand in the least.
As for the the mother, her income is based from 40hrs a week at $9.50hr.
She is not behind on support in the slightest. All caught up in that area.

So with all that has been said, some of you are saying...

1 She can claim them since no one else can

2 She can or cannot file for the child credit? This one I am a bit confused by...

3 She cannot pay upfront and avoid having to pay the normal dues monthly

4 If she gets them back and has already paid ahead, then there will be a battle for the remaining money she has already paid out if it passes the time she regains custody

Just need a little more clarification unless that is all I need to know.

Thanks for all of your input everyone.

 

[LdiJ]

First off, thanks for all the replies.
And to answer those things in question...
The Father doesn't have a job and hasn't, as a good part of his time was spent in jail until recently. I understand from the mother that he is getting TANF somehow which I don't understand in the least.
As for the the mother, her income is based from 40hrs a week at $9.50hr.
She is not behind on support in the slightest. All caught up in that area.

So with all that has been said, some of you are saying...

1 She can claim them since no one else can

2 She can or cannot file for the child credit? This one I am a bit confused by...

3 She cannot pay upfront and avoid having to pay the normal dues monthly

4 If she gets them back and has already paid ahead, then there will be a battle for the remaining money she has already paid out if it passes the time she regains custody

Just need a little more clarification unless that is all I need to know.

Thanks for all of your input everyone.

She can claim them.
She cannot file for earned income credit, she CAN claim the child tax credit.
It would be a very bad idea to pay child support upfront.
She should not give the gps any of her refund.

 

[msmom22000]

She can claim them.
She cannot file for earned income credit, she CAN claim the child tax credit.
It would be a very bad idea to pay child support upfront.
She should not give the gps any of her refund.

LdiJ...just a quick question on this part? Does she need to have the grandparents sign the IRS form allowing her to claim them since they have custody? I'd hate for them to come back and say they didn't give permission.