I was notified by the OAG that I would be receiving $3752 from an income tax interception from the noncustodial father. The OAG notified me of this in May 2009. August 31st the money was released to me after being held for 4 months. October 25th, 2009 5 months later they sent me a letter saying I am to pay it ALL back because...well just because. They couldn't give me a straight answer. They are taking half of my child support now until it is paid back. Looking at past records online it clearly states that in April I was only to receive $844 of the intercept.
Today, I am having a VERY hard time finding the code(s) for this so called "lawful" Income Tax Interception, codes that not just the OAG but the government has to follow. It is just a program. Never voted on, never brought to the public. It was just thrown into action. It benefits some, but in my case it hurts others.
I warn custodial parents of this. And noncustodial parents as well.
Marrying a man wit back child support. by: Anonymous
When you marry a man with outside children you take on a responsibility for those kids as well. No, I do not think it is fair for the wife tax return to be effected especially if she is the bread winner. At the same time it is not fair to the custodial parent who works two jobs to be cut short because child support includes her income to determine the fathers responsibility.The system is not fool proof. But lets be realistic we would not even need this blog if these men would just do right from day one. The courts DO NOT have to be involved for a man to be a father. IN my case my 17 year old gets her head cut all year fro child support because her dad decided he wanted to have more children 15 yrs later. I hate to sound insensitive but not my problem. His wife is less of a woman not to ensure all his kid are taken care of. So if her money gets taken too. So be it. To each its own.
Jun 08, 2010 Rating
Get your heads out your butts! by: Anonymous
I'm alittle late in posting...But OMG. First off on the comment that the support does'nt go to the kids. Well, just in case you don't know the support is used for clothing, housing, water, food, electric, heating, schooling, ect... So when you have to pay 20,000. a year and break it down for one kid that's $13.88 a day! And if you were stupid enough to marry a deadbeat Dad with thousands of dollars in back support, and now expect him to take care of you and yours, then that's not too bright on your end. As far as tax intercept... that is another joke in its self! With any support agency custodial parents are'nt given any information. It's made to protect the guilty as with most systems. Tax intercepts are a failure to the kids. Deadbeats can find a way out to receive or have thier money held without any info going to the custodial parents. And support services only tells you that you need to contact the non-custodial parent yourself to get any information. Yeah... That would go well! Thanks for the help, and the kids thank you too!
May 27, 2010 Rating
What the Law Really States by: Michele
I don?t think anyone on here has actually read the law on the books. I am in a fight right now to receive Income Tax Withheld from my Ex. First and foremost Income Tax is ONLY withheld IF the Non-Custodial Parent is Behind on his payments. The law on the books states that if IRS withholds income tax for non payment you have 30 days to file an injured spouse grievance.
Now let?s look at the system. IRS takes money from Dead Beat Dad, it goes to there system. Then it sits in there system for at least 2 months. Then it is sent to the Child Support main clearing house and sits there another month at least. Then it is finally sent to the local CS office. Now CS claims that they have the legal right to hold the payment due them for 160 days, there claim for our protection.
Back to the law on the books the injured spouse has 30 days to file a grievance, if not they forfeit the right. If no grievance is filled by law it is to be released to the custodial parent. CS holding back payment due us for 160 days from the time it hits the local office is not only ILLEGAL it?s Un-Constitutional.
If a new spouse is married to a parent that OWES back Child Support they can and should file married but separate with the IRS as to protect there own children?s tax credit.
Too many Dead Beat biological units (I won?t call them dads) are getting away because they have learned to play the system. They system is not set up to help the Custodial Spouse at all because of all the loopholes in it.
I am in the process of alerting everyone from my Local and State Representatives to the Media of what is occurring.
This is blatant miss use of OUR money for the State to accrue interest on Illegal Holding of Moneys that does NOT belong to them.
I have created a separate email account mycsproblems@yahoo.com for anyone wanting to have their story also forwarded to the Media. I urge each of you to contact your Local Representatives and make them aware of the problems we are having. United We can all make a difference.
May 03, 2010 Rating
IRS Money by: Anonymous
For the ones who are hurt by the ex getting their husbands income tax you can file what is injured spouse and get it back...That is why the ex had to pay it back because it was the amount that was for me and the kids....
Mar 27, 2010 Rating
When Income Tax Interception Doesn't Work by: Anonymous
It's a shame how some people get away with stuff! I'm owed way more Child Support than my husband do, and I have NEVER gotten any Income Tax from my dead-beat ex, who makes twice as much as my husband do. That makes me so mad! I wish there was a way to make him pay me. I should be getting at least half of his income tax check, because he don't even pay child support regularly. It often seems like the system is unfair and slow to give justice. I shouldn't have to sue my children's FATHER for something he owes and is obligated to pay. Our Attorney General is always bragging about how much child support he has collected for us parents, but he needs to be ashamed of how much child support he hasn't collected. Especially when it's from parents making $70,000 a year, not being forced to pay, and bragging about how they get away with not having their income taxes intercepted. He hasn't shown up for numerous court dates, and no warrant has been issued. My $67,000 in arrears keeps on adding up...
Mar 27, 2010 Rating
Income Tax Intercept by: Anonymous
I'm confued! My ex can somehow get around the IRS and OAG, and he owes me $35,000 in back Child Support. My husband has children, pays regular Child Support and other expences,as he should, and our Income Tax is intercepted every year! How is that? I've never heard of writing a letter demanding your money back. As a matter of fact, Ms. Ex lied about never receiving child support. Although we can prove it, they said it's up to her to sign some sort of waiver (?) for us to get credit while they were together. She stated in front of the judge that she would, until she found out he got married. Even though she's on record admiting he doen't owe from the time their kids were born, they are not holding her responcible for the lie. What the heck! Now i have to file injured spouse so we can get a very small amount of the check. THAT'S NOT FAIR! Even the judge said so! The OAG don't care, because their job is to collect the money. The reason people get away with lies is because they are not held accountable by the very legal system that is supposed to give justice to everyone. Lady justice is not blind as she pretends to be (the blindfolded female statue holding up a balanced scale), she's dumb! As far as I'm concerned, it's stealing! Hopefully we can sue her in the near future, but we don't want our children hurt by the animosity, nor do we want for them to suffer hardship because we sued. Our kids are constantly in the middle. The IRS has to make serious changes real soon! Custodial parent have all the rights sometimes, and get away with lies! You shouldn't have to pay a debt you don't owe, only the one you do. Interception of income taxes is really good for REAL dead beat dads, and that's the only reason I support it. For those of us who do pay, it's very unfair!
Mar 26, 2010 Rating
To just a thought by: Stepmother of 3
You have no clue! My husband spends 20,000 a year in child support. We also spend an extra 10,000 thru out the year on clothing, food, etc, on what ever extra the children need when they are with us. So don't sit there and say we are not supporting his children. But I will not allow for my childs tax credit to go to the custodial parent that lives off the system. We as tax payers support my stepson's mother YOU included! This women gets 1000 for child support a month, 3500 in ssi and other state programs for her other son that is disabled from another man that has never payed child support! We as taxpayers also footed the bill for the brand new mini van. She has as well as insurance to haul both children to an from school, yes that's right the disabled child goes to school and she says she can't work! My husband an I support his children,her other son an her, all year around so at tax we are to just let her have that money to! I DON'T THINK SO! We pay 2800 a year towards the back support and by the time his son is 15 it will be payed of! So get of your high horse and think about it! Is it to much to ask for my child to get their tax credit at tax time?
Mar 25, 2010 Rating
Thanks for the heads up on the IRS thing... by: Anonymous
I am really glad to have found this page and read some of these comments. I am a non-custodial step-parent so I wanted to add my 2 cents to this discussion.
First the back story; I knew my wife in high school but we had lost track of each other and had not been in contact for years. She has two teenage children from a previous marriage who currently live with their father. Before we found each other again, my wife had a run in with the law and spent some time in prison. When she got out and was working, she was giving her ex what she could to help with the kids. Basically everyone was happy and getting along. When I entered the picture things seemed to be pretty stable. Due to the process of getting her parole transferred and her moving to live with me, she has been unemployed for the last couple months. Her ex told her not to worry about child support during that time. However, it wasn?t even a week after her address updated, that she got a letter stipulating that she was ?severely behind? on child support. When she talked to her ex, he had no idea what was going on and had not filed anything against her. It turns out that the step-mother felt that she was not getting what she deserved and had initiated the process. What really set me off though is that I feel targeted by this. I don?t mean to be rude but I have a significantly higher income than anyone else in this matter. I don?t mind helping my wife out and supporting the kids when they are at my house. I do however mind the fact that this other woman, not even biologically related to the children in question, can take action that could have a negative legal impact on my wife. The step-mom was unaware that I had no financial obligation.
For those of you that are in this situation as the custodial parent: I understand that you want your money, you may very well need it right now. You should however realize that some of the other people involved might need their money as well. It seems like too many people only think of their own needs and discount the needs of others. For example: had the step-mother of my wife?s children talked to us about needing some money instead of filing against us with no warning; I would have been willing to work with her. However since she chose to do this in an underhand manner she lost any chance of getting financial assistance from me. What I will do though, is legally protect my wife; including hiring a legal team if necessary. In that scenario, the only ones who win are the lawyers.
Luckily for my wife and I, her ex husband is a good man, and isn?t out to get us. We should be able to find an amicable resolution to this situation. For everyone else though, be aware of how you deal with people. Regardless of what side of the situation you are on, if at all possible, try to find reasonable friendly ways to deal with it. For the times when that wont work, there are lawyers; but we all know who wins when they get involved.
Mar 12, 2010 Rating
just a thought by: Anonymous
When you marry someone who owes Child support, I believe you should be held liable to help support those children too. When you marry these non paying people then just like credit debt you should be responsible enough to make sure your spouse pays what they owe.
I am married to a father who has sole custody of his children and I help support these children. Their so called mother hasn't paid a cent. I'm not legally responsible to take care of these children but I do because I love them. We also have are own child together too but I would never be like "Well I have my OWN child to care for and let them go without". so for someone of the debtor to say "I'm sorry I don't think I should be responsible to pay out my husband's child support..Is crap"! When you marry someone with kids you are their step-parent and should be held responsible. Reguardless if you have your own child or not! Make sure your husband pays his child support and you wouldn't have this problem.
Think about it!
Feb 10, 2010 Rating
I agree and disagree! by: Stepmother of 3
I agree that the Non custodial parent needs to pay the debt owed to the custodial parent... I just finished our taxes filling seperate of course so my husbands taxes go to the back child support he owes which I'm upset about because his ex lied to the OAG about the amount owed, when my husband after they were divorced gave her half his tax refund every year (have proof) and she said he never gave her any money when he was unemployed for seven months so you see my problem with it. Custodial parents can tell the OAG that they didn't receive money and the OAG takes the word for it and socks it to the non custodial parents even if they have proof. I also have to say next year my husband and I will be filing jointly because we are expecting our first child and I will be claming injured spouse because if the ex can lie and say she didn't receive money when she did!Then why should my child suffer and not get the child tax credit owed to them at tax time So all I can say is that if the Non custodial taxs gets intercepted fine atleast the
the debt is getting payed. But if the non custodial has a new family they shouldn't have to suffer to.
Feb 09, 2010 Rating
REPLY by: Anonymous
Take heed before you post a comment. How would you feel if the tables were turned? Don't become so selfish and self-centered throughout this process. This is exactly what keeps this non-functioning system going. Now, if your ex has a new spouse or family, especially a new working spouse, that person is in no way, shape or form entitled to pay you and your children child support. When they file they taxes they are to file additional forms to avoid this problem. If they are not informed, strange things like this happen. The wait time is in process to give time to clear up such problems. You don't want to pay monies back that weren't your responsibility and I guarantee you, the new spouse doesn't want to be responsible for YOUR children. People need to learn that this system doesn't work. Maturity and civilized adults who are concerned about the welfare of their children learn to communicate and work it out. If you don't have that, ok, go with the system. But be willing to accept anything that comes with playing their game!
Feb 02, 2010 Rating
IM SOOO CONFUSED by: Anonymous
IF THE NON CUSTODIAL PARENT OWES BACK CHILD SUPPORT, AND HE FILES HIS INCOME TAX, WHY IS IT THAT IT TAKES 120 DAYS OR LESS TO RECIEVE THE PAYMENT? WE'VE WAITED ALL THIS TIME FOR A PAYMENT AND NOW A PAYMENT IS ACTUALLY BEEN RECIEVED AND WE STILL HAVE TO WAIT 4MONTHS TO GET IT! YOU DONT THINK WE NEED THAT MONEY AND THAT WE'VE HAD TO WAIT LONG ENOUGH? I STRONGLY DISAGREE WITH THIS AND FEEL THAT SOMETHING SHOULD BE DONE TO CHANGE THIS!!
Jan 24, 2010 Rating
Is the money used on the child by: Anonymous
How do we know that the child support is really used on the child. My husband was married before and his exwife used the child support on herself. Not on the children. So you tell me that? Is that fair for who?
Jan 18, 2010 Rating
IRS AND BEING FAIR by: Anonymous
First and foremost it is fair to the new spouse of the debtor. If she is not liable for the children it is unfair to seize her monies also. I was married to a debtor for child support and more then one of my checks from the IRS were siezed when we filed jointly i chose to let her keep the money but still feel it was unfare i didn't create those children and i shouldn't have to pay for them.
Jan 08, 2010 Rating
irs intercept by: Anonymous
If the non custodial parent is married the spouse of your child's other parent is entitled to their portion of the money and if that spouse sends in a letter demanding their money YES you have to pay it back. I feel that this is unfair and I know where you are coming from I received the money intercept from the irs also and she tried to claim her part but my ex husband claimed married filing separate and she could not touch it as she did not file with him. I am now not receiving any money from him and he is over 10,000.00 behind and there is nothing the state will do. So be careful when you receive any money from the IRS it may have to be returned.
Mar 27, 2010 Rating
Income Tax Interception in Texas by: Anonymous
There are always 3 sides to every story; his, hers and the truth! My husband owes back child support, but it goes too far back. His ex (never married) lied to the OAG and said he NEVER supported their 4 children. He can prove(with legal documentation)that they were living together most of the time they were together, with 3 of the 4 children. However, we were told by the OAG and judge that she would have to go to the OAG and sign some papers in order to give him credit. Long story short-- she refused. The judge believed us, but said his hands were tied. He did graciously lower the debt a little, but the laws were against him to grant full credit. I love my CHILDREN! It's not their fault that their mother is bitter that he moved on. Now, I have to file Injured Spouse in order to receive a small portion of our Income Tax, since I can no longer work due to a near fatal accident. Our other children can not benefit from the EIC, even though it is rightfully theirs, because we wouldn't get it without them. Therefore, the system may seem fair to the Custodial Parent, but it is grossly unfair to the Non-Custodial parent & their family. We pay Child Support regularly, and contribute to B'Days, holidays, and school supplies & clothing. We don't need to be told to do the right thing; they're OUR CHILDREN! It's not fair to take from a family unlawfully, and not hold people responsible for lying about a debt. We have concrete PROOF, but the justice system and OAG failed us by allowing her to get away with a proven lie. There's NO JUSTICE in that!
