Mom2Moms

[ptrc]

What is the name of your state? IN

My ex-husband has found a loop hole in the system for not having tax refunds for back child support intercepted. He claimed on his W-4 that he was "exempt" from taxes so no taxes were witheld from his paychecks while he was working. Therefore, there is no tax refund to intercept. He has always had a tax refund in the past, so I know this was done out of fraudulent reasons and definitely not by accident. He has recently been released from jail for battery and violation of probation on an OWI charge so he does not have a job or any assets except for an old vehicle. I have reported him to the IRS as well as have let the prosecutor in the county aware of the situation. Nothing has been done to date. Is there anything at this point that I can do? I work full time and I go to school part time to pursue my accounting degree and really could use the help right now financially with our son. Please can anyone give me any options? Thank you in advance to anyone that can help me with any suggestions. I know he will owe the government $$$, however, I also know he covered his a**. He definitely didn't think of this one on his own.

 

[Ithildriel]

I'm pretty sure there is no law that says you have to have a refund every year. I know that I plan my husband and my witholdings every year to make sure that we usually owe a bit of money, or get a very small refund at the end. I prefer not to have the IRS hold my money all year so that I get a big refund in April.

 

[ptrc]

I'm pretty sure there is no law that says you have to have a refund every year. I know that I plan my husband and my witholdings every year to make sure that we usually owe a bit of money, or get a very small refund at the end. I prefer not to have the IRS hold my money all year so that I get a big refund in April.

I worked for H&R Block for several years and that is actually the way to do it, however, he is just doing this so that I could not get the back support. This way, he is able to keep some money back for his tax liability and satisfy the government and keep me from seeing any of the arrears in one lump sum. That just doesn't seem fair or legal since he owes the support.

 

[BelizeBreeze]

There is absolutely nothing illegal in his actions.

 

[weenor]

I worked for H&R Block for several years and that is actually the way to do it, however, he is just doing this so that I could not get the back support. This way, he is able to keep some money back for his tax liability and satisfy the government and keep me from seeing any of the arrears in one lump sum. That just doesn't seem fair or legal since he owes the support.

Well if you worked at H&R Block for several years you should know that the majority of his tax liability (80%-90%) must be paid in throughout the year or he will incur penalties. Thus if he has tax liability he cannot just claim exempt. Now he can also claim 5 (or whatever number) dependents so that just enough taxes are paid in to be legal. If that is what he has done then he's done nothing illegal.

 

[ptrc]

Well if you worked at H&R Block for several years you should know that the majority of his tax liability (80%-90%) must be paid in throughout the year or he will incur penalties. Thus if he has tax liability he cannot just claim exempt. Now he can also claim 5 (or whatever number) dependents so that just enough taxes are paid in to be legal. If that is what he has done then he's done nothing illegal.

He actually calimed 1 for himself and "exempt" which would not be correct. He cannot be exempt if he owed taxes last year and expect to this year and if he is not a student. I just need to know what options I have that I have not done so far, because he is doing all of this out of spite. Greedy ya know, doesn't want to help take care of his son.

 

[ptrc]

I know my ex-husband worked the system fairly legally and won. However, he has to know that he can't get by with this. I guess to a certain extent, he did it out of being vindictive and I guess I want him to know he can't. He should have some reprocussions from this.

 

[Ithildriel]

"He should have some reprocussions from this."

And that would be up to the IRS...through penalties as described in the other post. He's going to have to pay penalties, and he is still going to owe you the back child support. He gets the double whammy.

 

[ptrc]

Thanks! I guess to a certain point, I was looking for something really nasty to get him with. This should not be fair, but there isn't to much in life that is. Thanks again!

 

[nextwife]

There is no law that requires people to overpay their witholding.

 

[nicetryadmin]

I worked for H&R Block for several years and that is actually the way to do it, however, he is just doing this so that I could not get the back support. This way, he is able to keep some money back for his tax liability and satisfy the government and keep me from seeing any of the arrears in one lump sum. That just doesn't seem fair or legal since he owes the support.

You don't think it's fair because you are owed back support. As stated, there is nothing illegal about. Many people claim zero so they get a nice refund at the end of the year. And some claim what they should so they either break-even (or come close to it) or wind up owing a small amount at the end of the year.

Do you really want to government controlling every damn thing you and I do??

 

[ptrc]

No, I don't want the government to do that. My ex-husband is doing that enough right now.
I just know that he should not have filed exempt and the only reason he did was to screw me out of the intercept. However, I know he will pay dearly in the long run. He owes the IRS and he still owes for back support. It just gets frustrating and I was hoping something could be done on just the back support issue. The tax issue was fraudulent to a certain point with him claiming exempt when he shouldn't be, but if the IRS doesn't care, I'll have to work it out in other ways.

 

[ptrc]

No, I don't want the government to do that. My ex-husband is doing that enough right now.
I just know that he should not have filed exempt and the only reason he did was to screw me out of the intercept. However, I know he will pay dearly in the long run. He owes the IRS and he still owes for back support. It just gets frustrating and I was hoping something could be done on just the back support issue. The tax issue was fraudulent to a certain point with him claiming exempt when he shouldn't be, but if the IRS doesn't care, I'll have to work it out in other ways.

I guess I am on here to just vent this time. Thank you for listening and stating your opinions. It was all greatly appreciated.

 

[westtown8]

There is absolutely nothing illegal in his actions.

Technically, I think if he claims that he is exempt from withholding, even though he doesn't meet the criteria, he is committing perjury if he signs the W-4.

Not that he will ever actually be caught.

 

[BelizeBreeze]

Technically, I think if he claims that he is exempt from withholding, even though he doesn't meet the criteria, he is committing perjury if he signs the W-4.

Not that he will ever actually be caught.

Oh BROTHER!!!