Tax Return and Child Support

[gejewels]

What is the name of your state? Illinois

The cp has filed a motion with the court requesting the ncp file yearly income taxes by March 1st so she can determine the additional amount of child support due. The only logical explanation that I can come up with, is that she wants her money as quickly as possible.

Will this really be considered by a judge? If so, based on what? The cp's "want" to have more money sooner?

 

[GrowUp!]

What is the name of your state? Illinois

The cp has filed a motion with the court requesting the ncp file yearly income taxes by March 1st so she can determine the additional amount of child support due. The only logical explanation that I can come up with, is that she wants her money as quickly as possible.

Will this really be considered by a judge? If so, based on what? The cp's "want" to have more money sooner?

File to have the motion dismissed for a few legal reasons I see. I highly doubt the CP cited any statute or case law to support it. There's one problem and it's usually required by the court.

Secondly, the IRS (Federal Govt) already says when taxes are to be filed -- including extensions. Not to mention, I see it as a due-process issue as well. The CP has no legal authority to interfere with the process of filing your return(s) afforded by the Federal Government.

Also, if it's true the actual reason she cited was so "she can determine the amount of child support due", well first of all, that is not a legal reason. Secondly, there is already an order for support that states "the amount of child support" that is due. Finally, child support is not for the benefit of the obligor, but for the child.

Make sure you file a response...or the CP will win by default. Filing this should be a cakewalk. Also ask for sanctions against the CP for filing a frivolous motion.

 

[moburkes]

What is the name of your state? Illinois

The cp has filed a motion with the court requesting the ncp file yearly income taxes by March 1st so she can determine the additional amount of child support due. The only logical explanation that I can come up with, is that she wants her money as quickly as possible.

Will this really be considered by a judge? If so, based on what? The cp's "want" to have more money sooner?

However, if the NCP has arrearages owed, the IRS can flag the return and send it directly to the CP. But, that's a slighly different subject.

 

[nextwife]

One other problem with the motion is that, if the obligor is married they can't complete their filing until their spouse gets theirs together. I know it always takes me months to sort through MY business deductions, auto expenses, etc. and hubby can't complete his (our joint) filing until I'm ready with all my stuff. And since I'm busiest in Spring, I have no time until June or so to deal with it.

 

[critterperson]

What is the name of your state? Illinois

The cp has filed a motion with the court requesting the ncp file yearly income taxes by March 1st so she can determine the additional amount of child support due. The only logical explanation that I can come up with, is that she wants her money as quickly as possible.

Will this really be considered by a judge? If so, based on what? The cp's "want" to have more money sooner?

A child support amount order is not based on fluctuating income it is based on the income reported at the time of the order...So lets say child support was based on $10K a year...At the end of year one after the order, the NCP made $11,000 due to a raise...She won't get back support based on the $1K in additional income unless she files for a modification of child support and it is granted by the judge and it won’t be retroactive beyond the day she filed for a modification...So to say additional support due to me would imply that she is hoping to get the support retroactive? Not going to happen…Additionally, if he is required to give her his tax information (which in most cases they are, at least in Illinois it is pretty common) he will have until the last day to file to file…I would not think A judge is not going to require that he do his taxes early so she can immediately jump on him for more support, Unless the judge really dislikes the guy for some reason…stranger things have happened but it is highly unlikely…Good Luck to you!

 

[gejewels]

I wanted to thank everyone for their help. There is more to the story that may be pertinent.

First, court order states must show final pay check stub of the year by December 31st. Any dollar amount exceeding a specific base net income, to be calculated December 31st, and a perentage is payable to the cp by March 1st. Cp argues that the dollar amount cannot be determined without ncp's tax return therefore, she has come up with the March 1st deadline for filing taxes.

Second, cp claims ncp is underwithholding. Based on court order, ncp is allowed to claim 2 of the children. ncp's wife has 3 exemptions. Cp argues that ncp should be withholding 5 on his weekly check even though only 2 of those exemptions are his.

Regardless, ncp should not be forced to file taxes sooner than the IRS deadline. Just another stupid thing to be held in contempt for.

 

[nextwife]

I wanted to thank everyone for their help. There is more to the story that may be pertinent.

First, court order states must show final pay check stub of the year by December 31st.

What if your final paycheck occurs ON 12/31?

 

[LdiJ]

I wanted to thank everyone for their help. There is more to the story that may be pertinent.

First, court order states must show final pay check stub of the year by December 31st. Any dollar amount exceeding a specific base net income, to be calculated December 31st, and a perentage is payable to the cp by March 1st. Cp argues that the dollar amount cannot be determined without ncp's tax return therefore, she has come up with the March 1st deadline for filing taxes.

Second, cp claims ncp is underwithholding. Based on court order, ncp is allowed to claim 2 of the children. ncp's wife has 3 exemptions. Cp argues that ncp should be withholding 5 on his weekly check even though only 2 of those exemptions are his.

Regardless, ncp should not be forced to file taxes sooner than the IRS deadline. Just another stupid thing to be held in contempt for.

There is a reason why the cp is making that argument. In IL child support is calculated on net income rather than gross income. Therefore, if you are to pay a percentage of your income above a certain base, in additional child support, and you are overwithholding, then your net income would be artificially smaller than it should be.

Therefore the cp is asking for your tax return in order to know your true net income, rather than your artifically lower income based on your overwithholding.

Now, if you were carrying the correct number of exemptions, that wouldn't be an issue.

 

[GrowUp!]

First, court order states must show final pay check stub of the year by December 31st. Any dollar amount exceeding a specific base net income, to be calculated December 31st, and a perentage is payable to the cp by March 1st. Cp argues that the dollar amount cannot be determined without ncp's tax return therefore, she has come up with the March 1st deadline for filing taxes.

I don't see any validity to her argument, except to be nosey into your yearly earnings to give her any reason she can to file for a mod. Has she cited legal facts to support her claim that the dollar amount can not be determined? The amount of CS owed per month should have already been established, so you are responsible for paying that. It seems this language is making it more complex than needs to be...unless I am completely not getting this whole net income thing.

Second, cp claims ncp is underwithholding. Based on court order, ncp is allowed to claim 2 of the children. ncp's wife has 3 exemptions. Cp argues that ncp should be withholding 5 on his weekly check even though only 2 of those exemptions are his.

Again, one can "claim" all they want -- what has she proven? You are allowed to claim the 2 children you have with the other parent. How many other exemptions you have, quite frankly, is none of your ex's business. I would assume that the court/agency, when determining CS, looked at any extraordinary claims of exemption, etc. I don't see any valid legal argument on her part either.

Regardless, ncp should not be forced to file taxes sooner than the IRS deadline. Just another stupid thing to be held in contempt for.

Exactly. Which is why it's important that you file a response and have it dimissed and motion the court for sanctions for filing a frivolous motion. Look under your local court rules -- they might explain the rules involved with what motions shall contain and cite that, in addition to statutes, rules of procedure, etc.

 

[Ohiogal]

Prove that NCP's wife's children should count. He may be able to file jointly where she can claim her children as exemptions. But that is not a guarantee either. Just becaues she has three children doesn't mean she gets the exemptions. Nor does it mean that NCP should be using his income to withhold based on them.