Question about modifying CS and tax question

[Nikki74]

What is the name of your state? MO

My husband has been unemployed for a year and a half. He pays child support and we have been able to keep up with it up until 3 months ago. We just settled with BM out of court in March on modification of the parenting plan. Child support didn't go up or down. My husband is trying to get disability because of his chronic back pain. He has had a couple back surgeries and has a weight restriction of 15 lbs. Anyway, since I am the only one with income, which isn't much, and by the way I don't get the tax credit because my income is too low. And we also have two children together, I'm wondering if my taxes will be intercepted when I file my 2003 taxes. Since he hasn't made a dime I don't think the BM should get any of it. But, since I'm in Missouri and everything is split 50/50 when you are married, I was wondering if that meant half of my taxes are his.

Last years taxes, my husband made very little, and if he were to file on his own he would only have gotten back maybe 2 or 3 hundred dollars, (actually the BM would have gotten it) but since we have two children to claim it made it much more and of course the BM got most of it because we decided to have two children. Lucky for her. I think it is very unfair and I don't understand it at all. I didn't help make the child and the money that we get for the children I gave birth to shouldn't go to his ex. I have been nice to help out and keep him current on child support up until the last few months and it boggles my mind trying to figure out the tax system.

Also, can my husband have his child support amount adjusted since he has been umemployed for this long? Or since we went to court in March, will they say it should have been done then?


Thanks, and sorry for rambling on.

Nikki74

 

[Whyte Noise]

If you file your taxes as Married, Filing Jointly, then they most assuredly can and will take your refund. Even though it's your children that you're getting the credit for, HIS name is on that return as a joint filer. As such, with his name being flagged to take a return, the IRS will hold it.

What you can do is file an Injured Spouse form. That will give you back YOUR portion of the return, not his.

Another option is to not file together. Do separate returns so that you get the amount of the return you're owed without having to go through the other red tape when filing a joint return.

As for the modification... was he unemployed in March? If so, that should have been brought up then. In Missouri, your income has to go up or down at least 20% since the last modification was done. Also know, that if this was done thru the CSE office in Jeff City they will not modify again for 3 years even if there was an income change. It would have to go through the courts and not them. Since it's only been 4 months since the last order, AND if he was unemployed then, this should have been brought up back in March. Will a court let him do a mod. again so soon? I can't tell you the answer to that. All he can do is try.

 

[Nikki74]

Since my husband hasn't had any income for 2003 so far, he shouldn't have to file. Then would I be able to claim him as a dependent?

We settled out of court to modify the parenting plan. If we would have requested lowering child support the BM would have flipped and we wouldn't have gotten what we got. Child support hasn't been modified through Jeff City since 1994 when it was raised. My husband hasn't worked since March 2002. Court was March 2003 and we only went to court because BM denied visitation and we were tired of her dictating our weekends with my SD.

Nikki74