My question involves child support in the State of: Illinois/Virginia
My wife and I live in Illinois, her ex-husband is a Sheriff's deputy in Virginia.
In the original Separation Agreement (dated 2002) he agreed to pay $700 a month in child support and he was allowed to claim the children on his Federal and State taxes.
In the Divorce Decree (dated 2003) my wife's ex-husband requested that the Separation Agreement not be incorporated into the Divorce Decree and it was granted by the court.
He has used this on several occasions to refuse paying $700 child support he said he was going to pay in the Separation Agreement. He was as of the last custody hearing (Dec 06) over $20,000 behind in payments, but the court (we were in Texas at the time) stated he only owed 5 months of back child support at the rate they ordered ($400 month) for a total of $2000. He has to date only paid $500 of this amount leaving $1500 in court ordered back payments unpayed.
The Texas court claimed the Separation Agreement was nonbinding from the date of the Divorce Decree because it wasn't incorporated. Yet the Texas Attorney General won't have the remaining $1500 taken out of his paycheck claiming the courts order wasn't enforceable. So I'm really confused now.
To get back to my original problem, the children visit for at most 30 days out of each year for visitation and he only provides $400 a month in child support which is now taken out of his paycheck (that's $200 per child per month). Well,this guy keeps claiming the children on his tax return each year which ultimately holds up our tax return because we can never file electronically because he gets his W2 forms back before we do each year.
So I find it hard to see how he can sign his Federal Tax return each year stating the children live with him for more then 50% of the year or that he provides more than 50% of their support. I have filed complaints with the IRS and we have always gotten our refunds back each year, even though it ends up taking 3-4 months longer than it should because we have to get proof from the schools, church, family members and doctors that the children do indeed live with us and not him. I also have to send in a copy of the divorce decree each year because apparently he keeps fraudulently sending in copies of the Separation Agreement to the IRS so he can keep his refund?
We have asked him nicely to stop claiming the children on the taxes but he refuses to stop, indicating that the IRS told him he could keep doing it. Because there are separate claims at the IRS for the same social security numbers for the children we end up getting audited every single year since 2004. We believe this is intentional harassment and the IRS told us we needed to file a complaint with the local law enforcement where he lives...but of course he works for the local law enforcement and I was told by them that to file a complaint I would have to fly from Illinois to Virginia to file it.
I'm sorry, but where is the justice in the world today?
There is a form the IRS has which gives a non-custodial parent the authorization to claim children living with another parent but only if that other parent signs away the right, that way only one parent is claiming the children. My sister does this with her ex-husband, her children live with her but he claims them on the taxes only after she signs this form.
So how can my wife's ex-husband get away with doing it even after I have filed fraud reports with the IRS? I have contacted the Tax Advocates office and the IRS Investigator General's office who told me to file another fraud form because they couldn't help me even though their website states they investigate fraud cases????
So now I'm really confused and wondering where in the United States of America the justice is when a police officer can commit acts of fraud and harassment and the people in charge of investigating it and taking my complaints refuse to do anything about it and allow this man to force us to get audited each year and hold up our refunds until we get the same letters over and over and over????