What if?

[candygirl1]

What is the name of your state?ga
If my better half filed our daughter and son on his income tax return, will IRS take the entire return or deduct a percentage for his child support order for his other children from a previous marriage. Although, he is garnished every week from his regular job.

 

[Neal1421]

What is the name of your state?ga
If my better half filed our daughter and son on his income tax return, will IRS take the entire return or deduct a percentage for his child support order for his other children from a previous marriage. Although, he is garnished every week from his regular job.

If he is in arrears, they probably will. Is he current on his payments?

 

[candygirl1]

He is currently paying, but he still owes a lot.

 

[candygirl1]

If he is in arrears, they probably will. Is he current on his payments?

He is currently paying, but he still owes a lot.

 

[poeypooh]

If you are filing joint you can file as an injured spouse and you would be able to get your portion back.

 

[Neal1421]

He is currently paying, but he still owes a lot.

If he claims them, the IRS will take the money and put it toward the arrears. Are you all married? I noticed that you did not refer to him as your husband.

 

[shell007]

When she posted on 11-30-05 ... they were not yet married yet.

 

[Neal1421]

When she posted on 11-30-05 ... they were not yet married yet.

Well, in that case she can't file as an injured spouse. She should probably claim the kids if she works, after all they are her kids.

 

[Whyte Noise]

If he owes more than the amount of his refund, they will take it all.

Example: He owes $5,000. His refund is for $3,000. They will take the entire $3,000 tax refund and apply it to the $5,000 owed, leaving him oweing $2,000 still.

Since you're not married, you can't file injured spouse and get a partial return either.

My husband owes arrears as well. We filed married, filing jointly, and claimed my daughter that lives with us for EIC. The return was for $3600. His ex got all of it. She didn't get it until October because they hold it for 6 months, but she still got it.

 

[betterthanher]

Unless I am mistaken, an IRS intercept is not "automatic." A notice must be issued and the person has a right to a hearing on the matter. Also, I believe those intercepts go out around October-ish.

 

[bononos]

Unless I am mistaken, an IRS is not "automatic." A notice must be issued and the person has a right to a hearing on the matter. Also, I believe those intercepts go out around October-ish.

Notice sent from CS office, never heard of a hearing.
State dependant info. here:
Arrears, like let's say mom filed for CS in April, but the hearing wasn't until August.
The retroactive support is set as "arrears" for those 4 months.
The state will take a percentage extra each month to put towards the arrears, but, unless he screws up paying his monthly amount, the taxes are safe.
The income taxes cannot be taken unless he is over 3 months behind in his current monthly support amount (if that is the case in his arrears.)
There are basically 2 types of arrears, one set for retroactive and one set for non-payment.

 

[betterthanher]

Notice sent from CS office, never heard of a hearing.

I actually read that just a week or two (max) ago...unfortunately, I can't remember exactly where I read that (since I do extensive research on a daily basis as part of my job alone...it all meshs together at times ). I think the hearing thing is one of those "things they don't want ya to know about.

 

[LdiJ]

Unless I am mistaken, an IRS intercept is not "automatic." A notice must be issued and the person has a right to a hearing on the matter. Also, I believe those intercepts go out around October-ish.

And you would be mistaken. Notices are sometimes sent, in some states....hearings?..NOPE. Quite frankly, most states don't send notices so that the party can't make last minute tax planning strategies to avoid having a refund....or choose not to file their tax return at all.

However, once the refund has been seized the IRS does hold it for six months in order to allow challenges to be made....either by an injured spouse or by the taxpayer if alledged errors have been made.