If you marry someone who owes back child support can they take your tax refund?

If you marry someone who owes back child support can they take your tax refund?

Postby jonatan6 » Mon Feb 21, 2011 2:14 am

My fiance and I would love to get married but due to his extremely bitter ex-wife she is still collecting back child support she says he owes even though his children are in their 30s. We are raising my 5 year old grandson and I cannot afford to lose my yearly income tax refund. We count on that money to get through the year. Before you judge him, know that he paid child support every month until his kids were 18 and the only reason he owes back support is due to a year that she collected food stamps and welfare while telling the state he wasn't paying. meanwhile he was giving her cash cause she said she was unable to open a bank account. he and I have been together 18 years and this has stopped us from getting married but now that we have a 5 year old we need to have more legal standing in terms of wills and inheritance. thanks for your help.
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If you marry someone who owes back child support can they take your tax refund?

Postby athmore59 » Mon Feb 21, 2011 2:15 am

They can if you file a joint tax return with him. It isn't a case of "she says" he owes; either he owes it or he doesn't. So for over 12 years, he has failed to pay this one year of child support? Too bad he wasn't more responsible before now - but this is not stopping you from getting married, except in your own minds.
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If you marry someone who owes back child support can they take your tax refund?

Postby arnolde29 » Mon Feb 21, 2011 2:17 am

They can if you file a joint tax return with him. It isn't a case of "she says" he owes; either he owes it or he doesn't. So for over 12 years, he has failed to pay this one year of child support? Too bad he wasn't more responsible before now - but this is not stopping you from getting married, except in your own minds.
for help ; open the third & fourth link on : Www.tax-refund-tips.info
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If you marry someone who owes back child support can they take your tax refund?

Postby leman » Mon Feb 21, 2011 2:18 am

The story doesn't ring true.

"a year that she [lied] to the state" is only one year of extra payments plus penalties and interest. If the children are in their 30s, he's had at least 12 YEARS to pay this.

"[we have] been together for 18 years" so it would appear that you were around for the debacle and yet you didn't get him to pay it off and/or keep better records and you had a child with him.

Yes, it's nice you want to get married. Do you have income of your own? If yes, you can file an injured spouse form and have your share of the refund paid back to you and continue this debt of his for another, what, decade?
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If you marry someone who owes back child support can they take your tax refund?

Postby yarema24 » Mon Feb 21, 2011 2:22 am

They will offset your refund if you file joint. You can file an injured spouse form with your return to get your share back. Maybe hold off on getting married till he fixes his problems from the past? He has had 12 years already so Im guessing the ONLY way he is going to get it fixed is if you bite the bullet and let them take it out of your refund.
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If you marry someone who owes back child support can they take your tax refund?

Postby mat27 » Mon Feb 21, 2011 2:24 am

They will offset your refund if you file joint. You can file an injured spouse form with your return to get your share back. Maybe hold off on getting married till he fixes his problems from the past? He has had 12 years already so Im guessing the ONLY way he is going to get it fixed is if you bite the bullet and let them take it out of your refund.
filing married jointly the one spouse can submit an injured spouse form to separate the spouses's liabilities
maybe he needs to find out just how much he is still responsible for since 12 yrs have gone by that child support would cover
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