tax refund

[ejmmolina]

What is the name of your state?texas
NCP called last night and asked had we recieved her tax refund. This is the first time in about 5 years that she has filed. She was told she was getting a refund. She is 12,000 behind in supoprt. She assumes we will be getting her return. I know this is possible but if we were getting it when would we recieve it???

 

[dryba]

I can say that here in michigan they do intercept the tax refund but they hold it for 6 mos. because if they are remarried, the spouse has a right to file for her/his half of it.

 

[stepmom&mom]

First of all, just she get a letter from the IRS about her tax refund being intercepted? Usually, states will hold the refund before giving it to the other parent so that the person whose refund was intercepted can have time to file an injured spouse form if they are married.

 

[tigger22472]

It is possible that CSE is holding on to the funds assuming they are involved. Generally they must send the IRS a claim I believe by October of the previous year in order to hold tax monies. If CSE did not put in for this holding (must be done each year) and you didn't have a lawyer do it then odds are that you won't get it. Now, if the withholding was made it quite possibly could be as late as October before you see these funds. If I remember your story correctly the ex is remarried and it would be safe to assume that a joint tax return was filed. Her ex has the option to claim injured spouse that will allow his part to be removed. CSE will hold this check for the 6 month period giving him the option to retain his portion of the refund. If he did sign the form then they would have already received his portion and you should have or soon should recieve the remaining. The best option is to check with your lawyer or CSE on the status.

 

[ejmmolina]

No she is not remarried. And the attorney general is the one who is handeling this part of our case. Our lawyer is just handleing the custody issue which by the way is just about over.

 

[arosado1970]

Here in NC the NCP can contact the CSE to see about filing an affidavit to release the tax monies so that the CP can receive them sooner. I would suggest that the NCP contact the CSE and see if there is a way to have the money released asap. Or the CP can do it as well and pass on the info to the NCP.

 

[ejmmolina]

OK hubby will call tomorrow during his lunch. we dont know how it works since she hasnt filed in the past 5 years so he will get the info tomorrow