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Author Topic: Taxes Garnished even though I have FULL custody  (Read 6269 times)

RDavis77

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Taxes Garnished even though I have FULL custody
« on: Jul 29, 2009, 01:55:10 PM »
Hi, I was wondering if anyone has info on how I can ask child support enforcement to give me my tax money back?  I received full custody of my 3 kids in 2008 and this past tax refund was garnished because they were not aware that I had custody.  I responded and let them know that I was requesting a hearing and never heard back from them.  Now I have read on their website:
 
 
Federal Law 303.72 gives Child Support Services the authority to intercept non-custodial parents' taxes if the case meets established criteria.
 
 
Does this mean that they did not have the right to take my tax money if I was infact the custodial parent at the time? I did receive a letter from them asking me to provide the court order so they can close the case and stop enforcing it.  Wouldn't this also mean that I should be entitled to the tax money they kept?  If anyone can help guide me in the right direction me and my three kids would really appreciate it.


MomofTwo

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Re: Taxes Garnished even though I have FULL custody
« Reply #1 on: Jul 29, 2009, 02:47:10 PM »
Did you become the custodial parent by court order or by mutual agreement with the other parent?
 
It is very important because if it was not by court order and the child support order was not also changed by court order,  you would owe child support even if the children are living with you until the time the court order for support says you no longer owe it.
 
If you have the child only by mutual agreement with the other parent and it was not court ordered, until you file it with the courts and ask for child support to end, you will owe support until it is heard by the court---regardless of where the children are residing.
 
If it was already court ordered (custody change) and (importantly) for support to end,  they could get your money back but I have had nightmares about this.... 

So two questions===
1) Was custody changed by court order? and
2) Was support court ordered to stop based on custody change?
 
 

RDavis77

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Re: Taxes Garnished even though I have FULL custody
« Reply #2 on: Jul 29, 2009, 04:18:04 PM »
I got custody from a judge.  The kids were in the custody of DFACS and I had to go through the process of getting them.  When their mother lost custody of them to the state, I had to go through getting legitimized before I could apply for custody.  She and I were never legally married and in Georgia that gave me no rights.  While the kids were in DFACS custody (twice) DFACS filed against me for child support.  Once I got custody they came after me for arrears.  They did not know I had been granted custody so when tax time came along they took ALL of my return.  By this time I was already the court awarded custodial parent.  I am just wondering if it is within my right to ask for my money back.

ocean

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Re: Taxes Garnished even though I have FULL custody
« Reply #3 on: Jul 29, 2009, 04:19:52 PM »
Momoftwo is right...
You MUST go back to court and get the courts to say you have custody and re-figure child support. Until this is changed in the system you are liable to pay the other parent even with custody. When you are at court, you can try to ask for the support to be backdated so you are not in arrears. The only way the IRS takes the money is if the state says you owe someone money so you are showing arrears building in the child support account that you need to fix ASAP!

RDavis77

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Re: Taxes Garnished even though I have FULL custody
« Reply #4 on: Jul 29, 2009, 04:28:15 PM »
The mother is not getting the money it is the state getting it for when they supported the children before.  I wondering if since I have custody and can prove hardship (life is not easy financially these days) if the state will relinquish their claim and return my tax money to me.  I thought they were there to HELP families. :(


Momfortwo

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Re: Taxes Garnished even though I have FULL custody
« Reply #5 on: Jul 29, 2009, 04:48:59 PM »

The mother is not getting the money it is the state getting it for when they supported the children before.  I wondering if since I have custody and can prove hardship (life is not easy financially these days) if the state will relinquish their claim and return my tax money to me.  I thought they were there to HELP families. :(

 
You are not going to get the money back.  At the time that your ex was on government assistance, you were the NCP.   You could always consult with an attorney about it.
 
You do have an order for child support against your ex, don't you?  If not, I would file requesting that she pay child support. 

RDavis77

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Re: Taxes Garnished even though I have FULL custody
« Reply #6 on: Jul 29, 2009, 05:27:33 PM »
She is just now at a point where I feel she is well enough to have visitation.  She has been clean for awhile but prior to this there was very little contact.  I have an agreement with her that she pay 75 dollars a week for the kids and if she keeps her end up and stays clean she gets them every other weekened. I have not felt the need to file against her yet.

ocean

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Re: Taxes Garnished even though I have FULL custody
« Reply #7 on: Jul 29, 2009, 05:47:47 PM »
Do you have an open case with child support? I would first call the IRS and asked them WHO intercepted....then call whoever that is and ask why? and how to close the case so this wont happen again. Do you know how much more they are trying to collect?

RDavis77

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Re: Taxes Garnished even though I have FULL custody
« Reply #8 on: Jul 29, 2009, 06:18:42 PM »

Do you have an open case with child support? I would first call the IRS and asked them WHO intercepted....then call whoever that is and ask why? and how to close the case so this wont happen again. Do you know how much more they are trying to collect?

 
Well I did call CSE and told them the situation and I was amazed to receive a letter requesting the court documents showing I have custody so they can close the case and stop enforcing.  That is great news but what I want to know is how I can try and get the taxes that were erroneously garnished from me.  I'm so mad that they took that money I needed that money for my kids.

ocean

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Re: Taxes Garnished even though I have FULL custody
« Reply #9 on: Jul 29, 2009, 06:21:53 PM »
Go to your CSE office...some states you need to make an appointment. Take copies of all your paperwork with you. They "may" recalculate it and then you can ask for a refund...slim chance... The CS office usually waits a little while before it pays out so it may be still with them...

Momfortwo

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Re: Taxes Garnished even though I have FULL custody
« Reply #10 on: Jul 30, 2009, 04:13:25 AM »

Go to your CSE office...some states you need to make an appointment. Take copies of all your paperwork with you. They "may" recalculate it and then you can ask for a refund...slim chance... The CS office usually waits a little while before it pays out so it may be still with them...

 
That's when the money is going directly to the other parent.  In this case, it is going to the state.  It is very doubtful that CS still has the money.
 
And it is even more doubtful that he will get the refund back.  My mom, the CP of 4 children(my brother lived with my father during this time period or it would have been 5) who's ex didn't pay child support at all, had to pay the state back when my father went on welfare when he was out of work because she was working at the time.  They were going to garnish her wages.  It didn't matter that when my father was working, he wasn't paying his child support (and the state wasn't threatening to garnish his wages even though my mom was on welfare) and had thousands of dollars in arrears.  She still had to pay and there was nothing she could do about it. 
 
The original poster is probably better off just walking away from this issue unless he's going pro se.  Because if he isn't, he will only be losing more money. 

ocean

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Re: Taxes Garnished even though I have FULL custody
« Reply #11 on: Jul 30, 2009, 08:05:47 AM »
but what if there is still more money owed? He needs to find out how much more is owed...

shuckybucky

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Re: Taxes Garnished even though I have FULL custody
« Reply #12 on: Sep 05, 2009, 09:00:52 PM »
 You both had a duty to support the children when they were in DCFS care. If they took your tax return to pay money back for that time frame then you will never see the money again. The only thing to do now is make sure everything is correct with the state so it doesn't happen again.

MixedBag

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Re: Taxes Garnished even though I have FULL custody
« Reply #13 on: Sep 06, 2009, 03:41:58 PM »
You know -- many times the advice or what happens is that you don't get your money back.
 
Whether it was erroneously paid to the other parent OR the state....that's the result.
 
HOWEVER, that doesn't make it right.
 
Therefore, I'd be on the side that you need to make a request to get your money back even if it's from the STATE.
 
Personally, I'd not let this slide and "work your way UP" the chain of command -- yes, write the governor, until they refund you your money.
 
 

shuckybucky

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Re: Taxes Garnished even though I have FULL custody
« Reply #14 on: Sep 06, 2009, 05:34:39 PM »
I would definately try to get the money back but dont count on it. I would treat it as if the money is gone forever and if you do get some back then thats great.

 

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