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Ordered to Pay Tax Refund Toward Support, but Refund is Late

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  • 11-20-2013, 05:08 PM
    mama82
    Ordered to Pay Tax Refund Toward Support, but Refund is Late
    My question involves child support in the State of: Iowa

    My boyfriend was order to use his taxes to pay arrears but he hasn't received them yet. He has now received a letter stating that he will be taken back to court for contempt and his lawyer is withdrawing council. He already pays monthly child support and is not fighting he owes arrears but is there anyway he can fight this due to its not his fault for this taxes being late?
  • 11-20-2013, 05:39 PM
    llworking
    Re: Using Taxes for Arrears but Haven't Received Taxes
    Quote:

    Quoting mama82
    View Post
    My question involves child support in the State of: Iowa

    My boyfriend was order to use his taxes to pay arrears but he hasn't received them yet. He has now received a letter stating that he will be taken back to court for contempt and his lawyer is withdrawing council. He already pays monthly child support and is not fighting he owes arrears but is there anyway he can fight this due to its not his fault for this taxes being late?

    Can he prove that he actually has a tax refund that has been withheld to cover some or all of the arrears? Did he file that tax return on time? Did that tax return reflect a refund? Was it a valid tax return? Did he only claim things he was entitled to claim or did he claim things that he was not eligible to claim for a child that did not live with him?

    The fact that his attorney is withdrawing is not a positive for him. It tends to indicate that either his attorney thinks that he is not obeying the law and/or that he is not paying his attorney.
  • 11-20-2013, 05:44 PM
    Dogmatique
    Re: Using Taxes for Arrears but Haven't Received Taxes
    Quote:

    Quoting llworking
    View Post
    Can he prove that he actually has a tax refund that has been withheld to cover some or all of the arrears? Did he file that tax return on time? Did that tax return reflect a refund? Was it a valid tax return? Did he only claim things he was entitled to claim or did he claim things that he was not eligible to claim for a child that did not live with him?

    The fact that his attorney is withdrawing is not a positive for him. It tends to indicate that either his attorney thinks that he is not obeying the law and/or that he is not paying his attorney.



    Call me cynical, but it was perhaps a little naive of the attorney to expect the deadbeat to pay up, seeing as he's obviously not bothered to support his child/ren .
  • 11-20-2013, 05:58 PM
    mama82
    Re: Using Taxes for Arrears but Haven't Received Taxes
    He did his taxes through a professional, so I'm pretty positive he can prove all of that. His lawyer has been paid but it was back in May when they first when to court, so I think her withdraw is probably due to needing another retainer.

    - - - Updated - - -

    Quote:

    Quoting Dogmatique
    View Post
    Call me cynical, but it was perhaps a little naive of the attorney to expect the deadbeat to pay up, seeing as he's obviously not bothered to support his child/ren .


    Why would you assume he's a deadbeat? I stated he does pay monthly, this is just arrears.
  • 11-20-2013, 06:14 PM
    Disagreeable
    Re: Ordered to Pay Tax Refund Toward Support, but Refund is Late
    When he checked on the status of the return he was told.......
  • 11-20-2013, 06:22 PM
    mama82
    Re: Ordered to Pay Tax Refund Toward Support, but Refund is Late
    Quote:

    Quoting Disagreeable
    View Post
    When he checked on the status of the return he was told.......

    First he was told June, then Aug, then Sept and then Oct. He received letters stating these months. The last one said Nov 25th
  • 11-20-2013, 06:57 PM
    Dogmatique
    Re: Using Taxes for Arrears but Haven't Received Taxes
    Arrears = you haven't paid support for X amount of time.

    Otherwise he wouldn't have arrears, would he?
  • 11-20-2013, 06:58 PM
    Disagreeable
    Re: Ordered to Pay Tax Refund Toward Support, but Refund is Late
    Quote:

    Quoting mama82
    View Post
    First he was told June, then Aug, then Sept and then Oct. He received letters stating these months. The last one said Nov 25th

    I do not believe the IRS told him that. Who did he talk to?
  • 11-20-2013, 07:28 PM
    mmmagique
    Re: Ordered to Pay Tax Refund Toward Support, but Refund is Late
    Quote:

    Quoting mama82
    View Post
    First he was told June, then Aug, then Sept and then Oct. He received letters stating these months. The last one said Nov 25th

    I know this is a longshot (because I wouldn't have) but, he didn't happen to keep those letters, did he?
  • 11-20-2013, 07:41 PM
    mama82
    Re: Using Taxes for Arrears but Haven't Received Taxes
    Quote:

    Quoting Dogmatique
    View Post
    Arrears = you haven't paid support for X amount of time.

    Otherwise he wouldn't have arrears, would he?

    It is back child support that is owed before child support was ordered.

    - - - Updated - - -

    Quote:

    Quoting Disagreeable
    View Post
    I do not believe the IRS told him that. Who did he talk to?

    Somebody from admissions. I'm not going to give you the name that is signed. Why would that not happen?

    - - - Updated - - -

    Quote:

    Quoting mmmagique
    View Post
    I know this is a longshot (because I wouldn't have) but, he didn't happen to keep those letters, did he?

    Actually yes he did. So can he just show that or would they need more?
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