If my kid's dad filed taxes and owes me child support, do I get any of his tax money?

[lovelystacy317]

My kids are 15 & 17yrs old. I 1st filed for child support in 2002. Last I knew, their dad was over 30,000 behind. I received government assistance from 2002-2006 (I mention it, because I do believe it matters). My kid's dad claims he filed taxes last year, that's the first time I know of (he never kept a job long enough). He says he also filed again this year. With him being behind on child support, shouldn't I had received at least some of his tax money? Because I received none!! & am wondering if I will this year?? He told me that child support took his tax money, so I'm just curious as to why I received absolutely none!? 

[xmasbaby0]

You would need to go through the proper agencies who handle child support orders to get your ex's tax refunds offset and seized by the IRS.  The IRS does not know your ex has not been paying his support unless you initiate the process.

[lovelystacy317]

But child support does take his tax money. He doesn't receive any.. So do they just keep it? Until I mention it to them to get it offset.. or whatever it is?

[xmasbaby0]

YOU have to pursue getting the child support.  You do not really even know if he got a tax refund that could be seized.  Again, the IRS does not just "know" that his refund should go to you for child support.  You must contact the governmental agency that handles enforcing his child support order and ask what is happening with his wages and possible tax refunds.

[chiluv0729]

My ex filed for taxes 2 years ago, when he last had a job, and his refund was AUTOMATICALLY intercepted by the government and sent to me. I didn't have to do anything. As long as you have an open case against him, your state government agency will go after it. It could be possible may have owed the last time. If you really want to know you should call your local child support agency that your case is open through and they can maybe give you more information but in my experience it was automatically done.

[budweiser-bronco]

I have an open case on child support, but my ex husband is refusing to tell me if he filed taxes this year and on the child support website it still says he owes. So I will I knw if he filed or not?

[xmasbaby0]

The IRS will not tell you if he filed. Only the agency enforcing your child support order can tell you if he had a refund that was seized for the child support owed. Unfortunately, some deadbeat parents figure out that they can have so little tax withheld that they will not get a refund that can be taken.

[Chicomm0085]

If the father of my daufhter owes me 20,000 in back pay child support and he does the taxes will i get his money? It is already on the payment record where you log in to check payments but once i called i spoje to a rep here in Tx and she said that i wont get it that the state will stay with it.

[Aceus]

First you need to check in with child support agency in your county who handles your case. If they haven’t submitted the info to the IRS and they intercepted his taxes for other reasons you are not privy to, then you will know why. Second -the arrears has to be over 500$ and that ex has to not have any conditions stipulated in court documentation that says they can’t take it due to hardship etc... Depending on if ex spouse is filing jointly/recently married and has more kids -certain other conditions can impact refund time like if your ex new spouse files injured spouse claim to get their portion of the return back. Technically the IRS can hold for up to 6 months because of this. If filed in Jan -expect end of August -if in April-expect around end of October. But if you yourself owes student loans or other federal debts yourself they can double intercept -take from Peter to pay Paul! If you receive assistance from the state at all for cash-aide (you will never receive any portion of anything until you get off cash aid!) doesn’t matter if you collect 500 in cash aid and he owes you 1300$ a month for say both spousal and child support! You will eat these costs for every month you claimed it and there is no getting back the difference! The state always gets paid first. Then you get what is owed in arrears after state is paid up for taking on your cash aide expense out of Pocket while you weren’t receiving the income. Sucks but that’s the way it is and if you are on cash aide -I advise you get off it if you want to see any return or interest on that return.

[Butterfly39]

Does that include Medicaid? I know that's government assistance, so I am wondering if that is why I don't get his tax returns bc my son is on Medicaid. All I know is the last time he filed was 2012 bc my dad helped him. If u have any ideas let me know I need to find this out

[AmyC]

You must have your local court handle the delinquent child support. The IRS is not aware unless the local courts ask them to seize the income. Income can be seized for multiple reasons and have an order of release. Even if you have gone through all the proper channels, you may not be at the top of the list.

@xmasbaby0 has good answers in this post.

[MzDreya]

I believe you’re not understanding her question. She DID go to child support. She just CANT tell them she wants it intercepted, it will automatically be offset by CS. More than likely HE lied to her and didn’t file anything. 

[PiggyToe86]

It should have been taken...but I also know from experience they won't go after the parent not paying unless you call the AG. My ex had to do most of the leg work to track down the deadbeat down and when they did he'd just move jobs. I says call the AG every 30 days keep on them so they will keep on him. It will get to a point if he quits a job he'll go to jail for CS dodging.   

 Good luck to you I hope everything works out for yall