Keep taxes for back child support?

Question

My GF's ex mother-in-law is pushing to keep my GF's incometax money this year for "Back Child Support".  The thing is that the dad of the kids had custody of the them, and we were supposed to go back when my GF's daughter turned 18 to drop her, but he refused to get served (always voided being served) so she was never dropped, and then he(my GF's ex) kicked the children out (2 under age, one 18 years old) out and we took them in, so we stopped paying childsupport completely....this was 2 years ago, and the dad is in another custody battle for his other kid with another female...he knows he was wrong so se doesnt want to push it or anything, but his mom is threating with keeping her taxes and even worse sending her to jail...can she do that without having serving us for a court date so we can defend ourselves?...excuse my bad English.

Judy · Accepted Answer

Unfortunately, if there's still a valid court order out that your gf is to pay child support to her ex, it doesn't just go away automatically even if the kids are now living with her, so technically the child support agency will probably send the paperwork in to withhold the back support from her refund.  Stinks, but can happen, and her refund would be held.  And there's no hearing required - the support order already exists, until she gets it overturned.

She should get a lawyer to pursue this, or talk to someone at family court to see how to proceed.

Good luck

tro · Answer

in the first place your g/f's ex mother in law has no control over your g'f's tax return(unless she is preparing it for her and that is a huge mistake), I don't know any court proceeding she could pursue, and what has she got to do with it anyway since apparently the children were living with the father?  if your g/f was delinquent in her child support and the state paid the father, the state will put a lien on the IRS refund(not any individual
your story is so mixed up I really can't determine who is what or where

for at least two years, in the case of divorced or separated parents, the parent the child(children) spends the majority 'nites' with claims the exemption, so when the children returned to the home of your g/f and at least 184 nites, she claims the exemptions

exemption for a minor child stops at age 19 unless they continue in full time school

Anonymous · Answer

Sticky situation. Had you still been married to him when you emptied the joint account there would be nothing he could do about it. I know because my lawyer advised me to do this when my X first filed for divorce and was not giving me any money to pay for food, household expenses etc.. But, then again if the account was still in both of your names, technically it seems logical to me that, it would be viewed as marital property. If it was not specifically, worded out in the Divorce Decree that it would be split equally or one or the other gets it. I would say first come first serve. Meaning you got to it first so it is now yours and you closed the account. Possesion is 9/10 ths of the law. And you are now in possesion of the money. Just in case I would give your divorce attorney a ring tomorrow and tell him/her what you did. Then ask if he can withhold child support without a court order to do so.

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Keep taxes for back child support?

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