taxes/child support

[wtk8j]

I f dad owes a cs arrearage to mom ,but mom no longer has custody of the kids(they are in state custody,soon to be released to dad) will his taxes still be intercepted and forwarded to mom for the arrearage?

 

[stealth2]

Probably, yes. He still owes her the money that he neglected to pay previously. Plus interest.

 

[wtk8j]

Probably, yes. He still owes her the money that he neglected to pay previously. Plus interest.

Well they do not calculate interest her ,thats what we were told. Child support office has said once kids ars in dads custody they would remove the arrearage and mom does not have an active case file to recieve support at this time. I t all sounded confusing. Can they amend the arrearage owed ? If they can should wait until after kids are placed with dad to file?

 

[ceara19]

Well they do not calculate interest her ,thats what we were told. Child support office has said once kids ars in dads custody they would remove the arrearage and mom does not have an active case file to recieve support at this time. I t all sounded confusing. Can they amend the arrearage owed ? If they can should wait until after kids are placed with dad to file?

If the arrerage was accumulate while the children lived with mom, that money is still owed to mom. It does not matter if she no longer has the children. The amount can't be amended just because dad now has the kids. It would be possible for mom to make some sort of agreement that if she forgave the amount, dad would give her credit for paying that same amount towards her CS obligation to him.

 

[wtk8j]

If the arrerage was accumulate while the children lived with mom, that money is still owed to mom. It does not matter if she no longer has the children. The amount can't be amended just because dad now has the kids. It would be possible for mom to make some sort of agreement that if she forgave the amount, dad would give her credit for paying that same amount towards her CS obligation to him.

Only a portion accumulated while the child was with mom,some was from when mom left child for a period of time with her parents and some accumulated during the time they were first placed into state custody. If they can not remove the arrearage(which was what I thought) why would the county attorney go out on alimb and say they were going to eliminate this arrearage. That is the most confusing part. The cs division is however is setting up an account for momto reimburse the state for foster care expenses ,maybe it is possible they are using this as a bargaining chip somehow. My only real concern is that if she recieves the taxes the kids will not benifit from them at all.

 

[ceara19]

Only a portion accumulated while the child was with mom,some was from when mom left child for a period of time with her parents and some accumulated during the time they were first placed into state custody. If they can not remove the arrearage(which was what I thought) why would the county attorney go out on alimb and say they were going to eliminate this arrearage. That is the most confusing part. The cs division is however is setting up an account for momto reimburse the state for foster care expenses ,maybe it is possible they are using this as a bargaining chip somehow. My only real concern is that if she recieves the taxes the kids will not benifit from them at all.

The county attorney doesn't have the power to remove the arrears. Unless you had the court order modified when the kids went to live with the grandparents, you will be responsible for that amount also. They MAY be able to do something about the amount that accumulated while the children were in state custody. When the arrearage is paid by you to mom, through CSE, they may very well use that money to reimburse the state. The person that is owed the support arrears is the only one that can reduce or forgive the debt. Even when that is done, the official record shows the money as being paid, not forgiven.

You may be right that they are trying to use it as some sort of bargaining chip, but I would think that could be viewed as improper, at best. The arrears are between YOU and MOM. The county has nothing to do with the matter. If mom has an attorney that is not a complete idiot, it's doubtful he would advise her to enter into any agreement concerning the arrears that does not include you.

 

[wtk8j]

the only attorney mom has is a court appointed attorney for the dna case(dependency,neglect and abuse) and well frankly in his own words he os fed up to his eyeballs with her. I should probably speak with the cnty attorney about exactly what they are trying to do,I suppose it is possible thtathey have told her that if she fogives or considers th edebt paid by dad that she will that the county will consider her debt paid to the state. All parties involved ,cps,dad,gal,dna judge and cnty attorney are doing as much as possible to keep mom from getting children back, and they all are in aggreement that mom does not deserve to obtain any money that will not directly benifit the kids. Here would be a better way to state the question . Dad does pay on the arrearage monthly,but there is no current order existing to pay supporet,it was removed by the cnty attorney ,so I guesse what I am wondering is since there is no current order to mom will the monthly payments be satisfactory or will the state preceed to intercept the taxes still? I assumed they will ,or would that be something the cnty attorney makes a request to do?

 

[Zigner]

so I guesse what I am wondering is since there is no current order to mom will the monthly payments be satisfactory or will the state preceed to intercept the taxes still?

Yes, they can. WILL they? It depends on how "on the ball" they are. But they do have every right to do it.

 

[wtk8j]

Well they aren't very on the ball at all as far as pushing for the arrearage to be paid... more or less told dad do what you can and let us know when you get the kids we will take care of the arrearage. They make everything confusing. Thanks for your help and I will see if in the mean time I can get some clarification from the cse.

 

[ceara19]

Some where on this site, I think I remember seeing a phone number you could call to see if your tax refund check was scheduled for interception. Anybody else remember it?

 

[wtk8j]

Some where on this site, I think I remember seeing a phone number you could call to see if your tax refund check was scheduled for interception. Anybody else remember it?

That would be helpfull. We never gave this a second thought last year ,but considering the circumstances. We would really like to be able to use the money to do something nice for the kids ,I am however going to talk to mom if itwill be intercepted and see if maybe she won't agree to have the money directly deposited into a savings account for the kids college . I would feel a lot better if I knew it was going to benifit the kids in someway. As it is now mom does not pay for cloths or any food or shelter for the children( she is only allowed to see them supervised for 30 mon. one time a week).,she did not even bring them a christmas gift this past year,so I know that more than likley when she gets this money it will be blown on her self and her current hubby.

 

[Whyte Noise]

Some where on this site, I think I remember seeing a phone number you could call to see if your tax refund check was scheduled for interception. Anybody else remember it?

1-800-304-3107

I keep that number handy for these type of questions at this time of year.

 

[wtk8j]

1-800-304-3107

I keep that number handy for these type of questions at this time of year.

Thanks a bunch!!!!!!

 

[wtk8j]

Just wanted to let everyone know I spoke with the cny att. over the child support division and she said although it is normal in most cases that the cs recipient must forgive the arrearage,there are certain circumstances that would allow for there office to eliminate debt. There are certain criteria that must be met and/or some extreme circumstance. In our case there are several circumstances that meet the criteria one being mom has been wiped out of there system and there are few others as well. She said she is working the paperwork now and in about 2 weeks it should have worked through the proper channels. She said to call her back in 2 wks and to not file our return until after we speak with her. So I will let everyone know what the outcome will be>