Husband Owes Back Child Support

**punkmamma84** · 02-24-2009, 04:52 PM

My state: Indiana

Okay, so my husband just found out a few months ago through a paternity test that he is the father of this child. Now they have sent us a letter stating the state is taking it out of our tax return this year. My dilemma is this: I am a stay at home mother, and we have two children together. My only income for 2008 was a retirement distribution for a mere $62. Is there any way that the credits we will receive for our two children can be saved. It is frustrating to think that this other woman is going to profit off of my two kids. Any suggestions?

**Bubba Jimmy** · 02-25-2009, 09:40 AM

I'm sure it is frustrating for this other woman to have the father of her child run out on her, make more babies, and not want to support the child he made before he made yours. But that has nothing to do with the tax system.

If you had no income then all of the economic activity (and all credits) would be attributed to your husband and it will be used to offset the financial obligation he has neglected to address. There is no way for you to claim any of the refund if you did not have the economic activity.

On a personal note, you might consider working and building job skills because a man who ran out on his child with one woman has established a history the could repeat itself.

**punkmamma84** · 02-25-2009, 09:49 AM

First of all, I didn't come on here for personal advice and criticism. My husband DID NOT run out on this woman. Me being a woman with kids myself, I can understand what you are saying, but you cannot judge him without the facts. He wasn't dating this woman, he didn't 'run out on her'. He did not 'neglect' this, she filed in February and the court didn't file it until August, so he started out $5,000 behind due to the court, not him. He is an awesome father, and a great caretaker. I was just looking for advice on the tax question, not on my personal life. This woman is getting plenty of money to take care of her child, given the fact that he pays his child support. If you want to throw criticism around, why not throw it to the woman that continually has kids with men that she isn't in relationships with? I'm *so* tired of people automatically blaming the father's in these situations. I have a father to my previous child that is a deadbeat and can't bother to pay a mere $30/week child obligation. If i was this other woman, I would be more than happy to get $118 a week for my child, let alone a $5,000 dollar check that she can waste. So, if anyone else has advice for the question at hand, and NOT my personal life...I'd appreciate it.

**CourtClerk** · 02-25-2009, 05:39 PM

Your question was answered, whether you like the delivery or not.

**Bubba Jimmy** · 02-26-2009, 07:01 AM

The government has determined by law that people (men and women) who owe child support and have not paid it will have their refunds taken from them to pay their legal obligation. A non-working spouse has no claim to any of that refund because they did not do anything to generate the income or refund.

Is that answer more satisfactory? Good luck to you, punkmamma84.

**artsharp1** · 04-09-2009, 07:33 PM

This mother IS a working spouse. Income generated by her husband is also her income. She "holds up" her responsibilities within the partnership. He holds up his. An ideal marriage is not separate - or it would not be called a marriage.
For those that view marriage separately, maybe they should not be married. Maybe they should have a business partnership instead.
Good luck to this mother. There is so much more to being a wife and mother than money - like love, fulfillment, sense of raising our children with values that last a lifetime (to pass to their children, and so on). Law is not always fair, nor is life.

Note: Raising children and working at home is much harder than most men could ever realize. Getting a job is easy and selfish if you do it for financial prestige.

Number 1 Most Important Job: Mother
Number 2 Most Important Job: Educator

**llworking** · 04-10-2009, 06:13 AM

Quoting artsharp1

This mother IS a working spouse. Income generated by her husband is also her income. She "holds up" her responsibilities within the partnership. He holds up his. An ideal marriage is not separate - or it would not be called a marriage.
For those that view marriage separately, maybe they should not be married. Maybe they should have a business partnership instead.
Good luck to this mother. There is so much more to being a wife and mother than money - like love, fulfillment, sense of raising our children with values that last a lifetime (to pass to their children, and so on). Law is not always fair, nor is life.

Note: Raising children and working at home is much harder than most men could ever realize. Getting a job is easy and selfish if you do it for financial prestige.

Number 1 Most Important Job: Mother
Number 2 Most Important Job: Educator

What does this have to do with tax law?

**Bubba Jimmy** · 04-10-2009, 07:38 PM

Quoting artsharp1

Note: Raising children and working at home is much harder than most men could ever realize. Getting a job is easy and selfish if you do it for financial prestige.

Number 1 Most Important Job: Mother
Number 2 Most Important Job: Educator

I agree completely. This is the reason I would advise women to be careful about whom they hook up with. If a man has created babies with another woman, he has responsibilities the precede any new committments. Marrying a man with children and then being resentful that he is required to support them is hardly the best basis for starting out a marriage. The income is first the man's other child's (who cannot earn for itself) and THEN the second family's.