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Taxes Garnished even though I have FULL custody

Started by RDavis77, Jul 29, 2009, 01:55:10 PM

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Momfortwo

Quote from: ocean 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...

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

but what if there is still more money owed? He needs to find out how much more is owed...

shuckybucky

 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

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

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.