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Author Topic: Can arreage amount be paid prior to final order  (Read 2563 times)

wallyworld

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Can arreage amount be paid prior to final order
« on: Apr 01, 2005, 06:59:32 PM »
Facts:

Ex is in FL, I am in IL.  FL court ruled that IL was to retain jurisdiciton of child support.

Ex filed for a petition to modify child support in IL . My child support will double bi-weekly.  Petition was filed Oct 15; therefore, new amount dates back to Oct 15.  

We agreed that I will pay 135 bi-weekly (currently I pay 70).  Also, in IL it is very likely that I will get the every other year tax exemption; therefore, we agreed to that too (actually her lawyer had to convince her that a judge would likely vote in favor of every other year and that it would be a waste of big bucks for her to drive to IL from FL for a court date) .  She was very unhappy because she gets the earned income credit (like 5000 each year).

We agreed that she would not have to show up in front of the judge in IL.  

As of today, ex still has not signed the agreement.  I believe it is becuase she is mad at the every other tax year exemption.

I would like to start paying towards some of the arreage that will result as soon as the order is set in place. I would like to be caught up when the new order starts.

Questions:

1.  How do I go about paying money towards the arreage now AND ensure it gets counted for the arreage and not as a GIFT?

2.  Was it bad that I said that she didn't have to appear in court?  Will a judge look down on her that she isn't there?

3.  If it is an agreement, I am not understanding why there has to be a court date in front of a judge anyway.  

4.  What if she never signs the agreement or ignores her petition to modify child support.  Will it eventually be dismissed due to lack of prosecution OR can she decide to prosecute 5 years later and then I really owe her a lot of back child support?  

5.  Any additional info would be appreciated if I am missing something.



socrateaser

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RE: Can arreage amount be paid prior to final order
« Reply #1 on: Apr 02, 2005, 09:07:39 AM »
>Questions:
>
>1.  How do I go about paying money towards the arreage now AND
>ensure it gets counted for the arreage and not as a GIFT?

Open a savings account with http://www.emigrantdirect.com (3.25% annual interest) and put the extra payments in there until the settlement is reached and the court order is in place. Then, pay the arrears in full from the account.

>
>2.  Was it bad that I said that she didn't have to appear in
>court?  Will a judge look down on her that she isn't there?

Irrelevant.

>
>3.  If it is an agreement, I am not understanding why there
>has to be a court date in front of a judge anyway.  

That is the court's method of ensuring that negotiations continue towards a conclusion. If no settlement is reached, then the court decides. That's how the system works.

>
>4.  What if she never signs the agreement or ignores her
>petition to modify child support.  Will it eventually be
>dismissed due to lack of prosecution OR can she decide to
>prosecute 5 years later and then I really owe her a lot of
>back child support?  

Most courts have automatic dismissal for lack of diligence. But, it can be anywhere from one to five years, so I wouldn't count on anything other than that you will owe the money, so start saving it now. Then, however it works out, you will be prepared. Who knows, you could save for six months, and then your ex could get hit by a truck -- then you'ld have a nice little extra nestegg -- assuming that your ex's executor didn't try to collect on the arrears!

>
>5.  Any additional info would be appreciated if I am missing
>something.

Oh yeeeeees, you're missing something. I believe that the earned income tax credit belongs to the parent who exercises the most physical custody. You cannot relinquish this to the other parent. So, if you're counting on an extra $5K every other year, you may not get your wish.

I could be wrong about this -- but I don't think so.

Raisin_3

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No, you are right
« Reply #2 on: Apr 02, 2005, 10:25:02 AM »
About the Earned Income Credit (EIC)

BM was allowed to claim ss every other year but we got to claim the EIC.  She tried to claim it and they made her pay back all the money she had received.  So if that is what is holding up the mother she will still get the EIC just not the exemption.

The requirement for the EIC is that the child live with you more then 6 months a year.

wallyworld

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more questions...
« Reply #3 on: Apr 02, 2005, 12:09:24 PM »
Okay so now i'm confused.  I know that with my family's income now (myself and my present wife) that I am NOT eligible for the EIC.  However, getting to claim her will bring me an additional 2,000 on my tax return (the exemption and the child tax credit).  My ex is eligle for it AND my daughter resides with me 3.5 months out of the year and with my ex 8.5.  

So here are my questions.

1.  When it is my turn to claim our daughter will my ex still be able to claim her for the eic.  I obviously don't care if she can because I cannot claim it.

2.  Wouldn't that be "claiming the child twice" once on my tax and once on hers.

3.  Would she still file as head of household when it is my time to file?

4.  How can she get the eic with me not her claiming our daughter.

5.  what happens if she files for the exemption before me.  Will they make her repay once they see the paperwork?

Raisin_3

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RE: more questions...
« Reply #4 on: Apr 02, 2005, 01:04:31 PM »
1.  Yes.  You get the exemption and she gets the EIC.
2.  No because you are claiming her for different things.
3.  That I dont know.  Does she have other kids?  I am not sure if she is married, etc to qualify for HOH.
4.  I dont understand your question?
5.  If it is your year to claim the exemption and she claims it she will have to pay that money back- if the IRS determines it was your year.  You would have to provide them a copy of the court order stating it was your year.  I would think they would make her repay the money.


socrateaser

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pretty good answers...(nm)
« Reply #5 on: Apr 02, 2005, 08:08:19 PM »
.

Raisin_3

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Thanks-
« Reply #6 on: Apr 03, 2005, 05:42:59 AM »
We have had a lot of experience with this.

Wi-Mom

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RE: more questions...
« Reply #7 on: Apr 03, 2005, 06:56:35 AM »
Interesting... my DH's attorney put a little gold nugget in their divorce papers 10 years ago. He gets to claim the kids every year. Using no attorney she signed it. Of course for the first 6 years he let her claim them to be nice I guess.

So four years ago (when I came along and read his divorce agreement) he sent her an email saying that he plans to claim them as per their divorce agreement. (email advised by an attorney) and every single year since she still claims them before we can. (She files EZ we can't) We get a letter saying their SS #'s were already used.

So we have to send in our taxes (we can't e-file) along with a copy of the divorce papers every year because she continues to do this. We do get our refund.. late but we get it.

1. She continues to do this each year... so I was wondering if she manages to keep the $ by claiming hardship or something? (I mean why would she continue if she was made to pay it back??) What do you think?

2. Any way we can get her to stop doing this?

socrateaser

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RE: more questions...
« Reply #8 on: Apr 03, 2005, 07:13:08 AM »
>1. She continues to do this each year... so I was wondering if
>she manages to keep the $ by claiming hardship or something?
>(I mean why would she continue if she was made to pay it
>back??) What do you think?

The IRS doesn't let people keep money! LOL! If they haven't billed her for the back taxes, they eventually will.

>2. Any way we can get her to stop doing this?

You could file a motion for contempt. She's clearly in contempt, and she's interfering in a property right of yours, but your out-of-pocket damages are rather small. Nevertheless, the court would probably sanction her in an amount meaningful enough to get her attention and encourage her to stop.

Be forewarned that the tax exemption is in the nature of support, and therefore the court can reallocate it if it believes that it is in the child's best interests to do so. I don't know the exact circumstances, but it's always possible that you could end up losing the exemption entirely.

 

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