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Can a Judge Order a Person to File Their Taxes So a Refund Would Be Captured

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  • 01-17-2018, 09:49 AM
    AngryGranny
    Can a Judge Order a Person to File Their Taxes So a Refund Would Be Captured
    My question involves a child custody case from the State of: MN
    I have temporary legal custody of my 6 year old granddaughter. We have a review hearing coming up on Friday. Can I ask the judge to order the parents to use a professional service and file their taxes so if there is a refund it will get captured and applied to the arrears? The bio parents have been separated for over 2 years, but are still legally married, neither has filed for divorce. As far as I know, neither of them have filed their taxes for at least 3 years. They were both low income and may qualify for the EIC for one of those years.
  • 01-17-2018, 10:53 AM
    jk
    Re: Can a Judge Order a Person to File Their Taxes So a Refund Would Be Captured
    Well, the law does require anybody earning above a certain level of money to file a tax return. It is not improper for a court to demand a person comply with the law.

    Whether the judge will order such an action and what they may do if the party fails to comply is up to the judge.

    I don’t see a judge ordering either party to spend money to file their taxes if they are not obligated to file their tax returns. The problem you have that i see is you don’t seem to know if they are required to file a return by law.

    Anyway, I can’t see it being a problem to ask the question.
  • 01-17-2018, 11:08 AM
    llworking
    Re: Can a Judge Order a Person to File Their Taxes So a Refund Would Be Captured
    Quote:

    Quoting jk
    View Post
    Well, the law does require anybody earning above a certain level of money to file a tax return. It is not improper for a court to demand a person comply with the law.

    Whether the judge will order such an action and what they may do if the party fails to comply is up to the judge.

    I don’t see a judge ordering either party to spend money to file their taxes if they are not obligated to file their tax returns. The problem you have that i see is you don’t seem to know if they are required to file a return by law.

    Anyway, I can’t see it being a problem to ask the question.

    Judges do order people to file their tax returns in order to capture refunds for child support purposes, all of the time. I probably average at least a couple of dozen clients doing returns for multiple years every off season for just that reason...whether they are required by law to do so or not. At least once a year I have someone who is ordered to file 10 years worth of tax returns. Most of those people should file even if they are not required to do so, because they would get any withholding back as a refund...and many of them would be due a little bit of EIC even without having children to claim.

    Unfortunately they can only get refunds for 2014, 2015, 2016 and 2017 now (and 2014 will expire in April) but you wouldn't believe the number of people who leave tax refunds on the table rather than letting their refund get seized and given to the person they are supposed to be paying child support to.
  • 01-17-2018, 11:19 AM
    jk
    Re: Can a Judge Order a Person to File Their Taxes So a Refund Would Be Captured
    Quote:

    Quoting llworking
    View Post
    Judges do order people to file their tax returns in order to capture refunds for child support purposes, all of the time. I probably average at least a couple of dozen clients doing returns for multiple years every off season for just that reason...whether they are required by law to do so or not. At least once a year I have someone who is ordered to file 10 years worth of tax returns. Most of those people should file even if they are not required to do so, because they would get any withholding back as a refund...and many of them would be due a little bit of EIC even without having children to claim.

    Unfortunately they can only get refunds for 2014, 2015, 2016 and 2017 now (and 2014 will expire in April) but you wouldn't believe the number of people who leave tax refunds on the table rather than letting their refund get seized and given to the person they are supposed to be paying child support to.

    which is really foolish. Why they would rather let it go unclaimed than let it be seized and pay some of their debt is beyond me. It’s the ol’ cutting off your nose to spite your face syndrome.
    O
  • 01-17-2018, 11:32 AM
    Taxing Matters
    Re: Can a Judge Order a Person to File Their Taxes So a Refund Would Be Captured
    Quote:

    Quoting AngryGranny
    View Post
    My question involves a child custody case from the State of: MN
    Can I ask the judge to order the parents to use a professional service and file their taxes so if there is a refund it will get captured and applied to the arrears?

    You may certainly ask that judge order them to file their federal and state returns if there are refunds to claim for support. The judge may order them to file the returns but a judge will not order that they have them “professionally” prepared. They can do the returns themselves if they want, so long as the returns get filed should the judge order that. Without custody of the kids, though, any EIC they have is likely to be small, so unless they also had significant withheld tax from their jobs there may not be a whole lot of refunds to apply to the outstanding support arrears.
  • 01-17-2018, 11:34 AM
    AngryGranny
    Re: Can a Judge Order a Person to File Their Taxes So a Refund Would Be Captured
    Thank you for the quick advice! Yes, they are spiteful recovering addicts but very much still showing 'addict behavior' when it comes to settling things. Both lie all the time, saying they have filed and both claimed the child (when they are not entitled to) just to get back at each other and use the child as a pawn. I understand that if they owe taxes there will not be refund to capture, but historically, they were getting EIC and nice refunds so I think it is worth it to request.
  • 01-17-2018, 11:38 AM
    Taxing Matters
    Re: Can a Judge Order a Person to File Their Taxes So a Refund Would Be Captured
    Quote:

    Quoting jk
    View Post
    which is really foolish. Why they would rather let it go unclaimed than let it be seized and pay some of their debt is beyond me. It’s the ol’ cutting off your nose to spite your face syndrome.

    It is foolish. But I too have seen plenty of people who have refused to file refund returns just so the refunds would not go to the other parent because they loathe the other parent so much it blinds them to the fact they are actually hurting themselves in the process. Some of them get it when I lay it all for them and the light goes off in their head when the realization hits home that they actually benefit even they don’t see the cash. Sadly, some though are still so angry at their ex that they truly are willing to hurt themselves so long as it means that they don’t give a penny to the ex.
  • 01-17-2018, 01:54 PM
    llworking
    Re: Can a Judge Order a Person to File Their Taxes So a Refund Would Be Captured
    Quote:

    Quoting Taxing Matters
    View Post
    It is foolish. But I too have seen plenty of people who have refused to file refund returns just so the refunds would not go to the other parent because they loathe the other parent so much it blinds them to the fact they are actually hurting themselves in the process. Some of them get it when I lay it all for them and the light goes off in their head when the realization hits home that they actually benefit even they don’t see the cash. Sadly, some though are still so angry at their ex that they truly are willing to hurt themselves so long as it means that they don’t give a penny to the ex.

    I find that even the angriest of them usually feel pretty foolish when I put all the tax returns together and they see how much money they just threw away.
  • 01-17-2018, 05:37 PM
    Taxing Matters
    Re: Can a Judge Order a Person to File Their Taxes So a Refund Would Be Captured
    Quote:

    Quoting llworking
    View Post
    I find that even the angriest of them usually feel pretty foolish when I put all the tax returns together and they see how much money they just threw away.

    Most do seem to see the how stupid it is to effectively throw money away. I mean, why give it to the government when it could go towards reducing the arrears they owe and at least give them some benefit? Either, they are not getting it so they might as well get something out of it. But I have met some that have told me straight out they don’t care that it might help reduce their arrearage, they just don’t want their ex to get even so much as a penny from them, even indirectly. :wallbang: Never mind that the money is meant to provide support for their kid, they see it as going to the ex and they hate the ex so much that they allow it to destroy their lives.
  • 01-18-2018, 08:41 AM
    llworking
    Re: Can a Judge Order a Person to File Their Taxes So a Refund Would Be Captured
    Quote:

    Quoting Taxing Matters
    View Post
    Most do seem to see the how stupid it is to effectively throw money away. I mean, why give it to the government when it could go towards reducing the arrears they owe and at least give them some benefit? Either, they are not getting it so they might as well get something out of it. But I have met some that have told me straight out they don’t care that it might help reduce their arrearage, they just don’t want their ex to get even so much as a penny from them, even indirectly. :wallbang: Never mind that the money is meant to provide support for their kid, they see it as going to the ex and they hate the ex so much that they allow it to destroy their lives.

    Oh yeah...that happens. On these forums we have seen people deliberately tank their own financials lives, guaranteeing that they will live in poverty once they are unable to work, just to avoid giving a penny to an ex. I have never understood that and never will.
  • 01-18-2018, 09:24 AM
    jk
    Re: Can a Judge Order a Person to File Their Taxes So a Refund Would Be Captured
    Quote:

    Quoting llworking
    View Post
    Oh yeah...that happens. On these forums we have seen people deliberately tank their own financials lives, guaranteeing that they will live in poverty once they are unable to work, just to avoid giving a penny to an ex. I have never understood that and never will.

    Revenge causes dumb people to do dumb things. They can’t think beyond their hate and anger.
  • 01-19-2018, 12:07 PM
    PMMH
    Re: Can a Judge Order a Person to File Their Taxes So a Refund Would Be Captured
    Quote:

    Quoting jk
    View Post
    Revenge causes dumb people to do dumb things. They can’t think beyond their hate and anger.

    When you want to hurt another person so badly that you work against your own self-interest or the best interest of your children, then you are a sad human being.
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