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Newest Member: hewaseverything (44947)

Divorce/Separation Post Reply     Print Topic    
User Topic: taxes for me went to his csupport
lifestoshort
♀ Member
Member # 18442
Default  Posted: 11:10 AM, March 20th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

Im livid. I setled the divorce with taking all the debt if I could keep all the taxes which was mine anyway, he had NO income... well today i found in my mail all my refund went to his back child support (for his child from another marriage). More than livid. tax guy says you are lucky if you get half back and it will be about 6 months

wtf. wtf wtf.
well there goes the lawyer money, the bill pay offs etc. im fucked.

my lawyer knows. he said, good luck finding him to get the money. we can do a judgement against him tho cause we specifically addressed his debts and he was responsible for all and if not, maintenance can be awarded to pay those debts off. BUT if you dont have money you cant pay bills nor will we ever be able to find his ass. not that I really want to.

I thought it was all done at divorce. I was to have the money this week to pay off the debt and start over. Nope.

my life has been going wonderfully in all other areas and this just threw a f'n wrench in it all.

[This message edited by lifestoshort at 11:11 AM, March 20th (Thursday)]


6/07 EX had several Emotional/sexual A
FALSE Reconciles. cheats again. D 5/09
2013- 10 month marriage &D to friend. he was a lyin, freeloadn biploar mess.
NOW? Living my life and loving it.


Posts: 691 | Registered: Mar 2008
cvs2kkids
♂ Member
Member # 41298
Default  Posted: 11:34 AM, March 20th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

That's one of the worst things I ever heard.

You may want to consult a tax attorney who knows about these things. I'm a Canadian accountant, and a spouses refund would never be garnished, let alone an XS.


Goof luck, hugs and a beer to you.

PS- never believe the person on the other end of the tax line. Typically, they are low level temps who have no real idea what they're talking about, just a screen in front of them.

eta: added more advice.

[This message edited by cvs2kkids at 11:37 AM, March 20th (Thursday)]


Philippians 4:6-7

6 Do not be anxious about anything, but in every situation, by prayer and petition, with thanksgiving, present your requests to God. 7 And the peace of God, which transcends all understanding, will guard your hearts and your min


Posts: 219 | Registered: Nov 2013 | From: NB Canada
Faithful w/Love
♀ Member
Member # 33128
Default  Posted: 11:34 AM, March 20th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

I am so sorry! WTF, Are you divorced? Did you file separate? How does that happen if you no longer married?


BS(ME)40 WH(HIM)38
DD 19 and DS 15
Separated Aug 2012
Moved back home Oct 31 2013
False R. Still Lying.
Will be divorcing soon!
"You never know how strong you are until being strong is the only choice you have"!

Posts: 2661 | Registered: Aug 2011
Tearsoflove
♀ Member
Member # 8271
Default  Posted: 1:14 PM, March 20th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

You filed joint, didn't you? If you are separated for 6 months, the IRS will allow you to file separately as Head of Household as long as you have the children. This gets you pretty much the same deduction as married filing joint and a larger deduction than married filing separately. All you have to do is check the box that you've been separated 6 months or longer. If you don't have children together, you would need to file as married filing separately. You can still check that you are separated so that there is no question as to why you changed your status.

Even if you are not divorced by next year, you need to not file jointly or the same thing will happen. As long as his name is on the tax return, the IRS will scan his social and send any refund out for back child support regardless of what the court said.

[This message edited by Tearsoflove at 1:15 PM, March 20th (Thursday)]


"Just because I don't care doesn't mean I don't understand." ~Homer Simpson


Posts: 4089 | Registered: Sep 2005
lifestoshort
♀ Member
Member # 18442
Default  Posted: 2:10 PM, March 20th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

i filed joint. it was the only way to get a refund. because I had kids to claim I got a refund. had I filed single I would have paid in alot. we had only been seperated 4 months so I could not do head of house :/
the agreement was if i filed w him, I would get all the money. BUT ofcourse the damn child support people took it all. Not for my child. for his. ugh.

i talked to my tax guy, he is filing some injured spouse paperwork and it will take 6 months to get any money back. probably only half since hes can get half... BUT per court agreement, I would need to get all to pay off our bills. so either way, the asshole is going to court over this.

[This message edited by lifestoshort at 2:11 PM, March 20th (Thursday)]


6/07 EX had several Emotional/sexual A
FALSE Reconciles. cheats again. D 5/09
2013- 10 month marriage &D to friend. he was a lyin, freeloadn biploar mess.
NOW? Living my life and loving it.


Posts: 691 | Registered: Mar 2008
tabitha95
♀ Member
Member # 22033
Default  Posted: 2:26 PM, March 20th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

Sorry...editing. I didn't see that you couldn't file head of household because it was only 4 months.

I filed head of household and had to pay all our back IRS taxes out of my refund the first year since my name was on the debt too. We split the debt in the divorce paperwork, but of course the IRS doesn't see that. I was fine just to have the debt cleared and this year I was able to keep it all.

[This message edited by tabitha95 at 2:27 PM, March 20th (Thursday)]


BW (me) - 45
DS 14, DS 11
D-Day#1: Oct 30, 2008
D-Day#2: June 3, 2011 (same MOW) Separation: June 3, 2011
Divorce finalized: Feb 2012 (due to 6 month waiting period).

Posts: 3250 | Registered: Dec 2008
Gingerly
♀ New Member
Member # 38693
Default  Posted: 2:36 PM, March 20th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

It can be corrected by submitting a form 8379, an injured spouse allocation form. You can still file jointly but the irs will give the injured spouse back all of their taxes that they would have received. Pm me if you want to know how.

Posts: 3 | Registered: Mar 2013
Nature_Girl
♀ Member
Member # 32554
Default  Posted: 2:36 PM, March 20th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

I realize this is too late to help you this year, but for future reference and/or those who haven't filed yet this year, is it possible to send along with your return a copy of the divorce decree that spells out how the tax situation is supposed to be handled? I'm just wondering out loud...


Me = BS (Stay-at-home-mom)
Him = EX-d out (abusive troglodyte NPD SA)
3 tween-aged kids
Together 20 years
D-Day: Memorial Weekend 2011
2013 - I DIVORCED HIM, I'M FREE!
http://www.youtube.com/watch?v=RBOJpIwF47Y

Posts: 9673 | Registered: Jun 2011 | From: USA
Gingerly
♀ New Member
Member # 38693
Default  Posted: 2:40 PM, March 20th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

Just adding that most states also accept this form also. You can go back 3 years to collect money taken from you joint refund.

Posts: 3 | Registered: Mar 2013
lifestoshort
♀ Member
Member # 18442
Default  Posted: 8:02 PM, March 21st (Friday), 2014View ProfileEdit MessagePrivate MessageHomepage

the thing is, per court I am to get ALL the taxes back. but IRS doesnt give a tooty. so I think he will get half towards the damn child support. per divorce settlement, any debt he has, he must pay me back for. so then maintenance would be in effect till he paid me off. the issue is, we will never get the money cause VA wont send it. he will have to send me checks.
as it was, time of divorce, he was $1500 in arrears for maintenance, which I had planned to use for bills plus the taxes to make this all a wash.

so right now, im gunna pay his medical, his clothing and housing costs (on my charge card) his child support and divorce fees against him. biggest mistake of my life.


6/07 EX had several Emotional/sexual A
FALSE Reconciles. cheats again. D 5/09
2013- 10 month marriage &D to friend. he was a lyin, freeloadn biploar mess.
NOW? Living my life and loving it.


Posts: 691 | Registered: Mar 2008
twinkie
Member
Member # 29203
Default  Posted: 10:02 AM, March 22nd (Saturday), 2014View ProfileEdit MessagePrivate MessageHomepage

LTS the "innocent spouse" rule applies to you. You need to have your tax preparer file for this. You will have to show documentation that ALL of the money should be yours since he did not work. It will take a minimum of 6 months but eventually you will get your refund and a small amount of interest (that you will have to claim on this years taxes). It is a drawn out and frustrating process but you will get your refund and the IRS will put a levy on HIS social security number.

That being said.... Ladies and gentlemen this is why when your are separated or newly divorced you NEVER file jointly! Sometimes it is simply better to bite the bullet and struggle for a little while than to have an entire refund go to an attorney general for past due support.

LTS I am sorry that this happened to you. The tax preparer should have questioned you about this and explained that if your ex was behind on CS then the refund could be taken.


Posts: 1059 | Registered: Aug 2010 | From: Louisiana
lifestoshort
♀ Member
Member # 18442
Default  Posted: 10:25 AM, March 22nd (Saturday), 2014View ProfileEdit MessagePrivate MessageHomepage

honestly I did not even think of it either. I had planned to file seperate until I had to pay in and the tax guy said I would get thousands if I went with him and just have him sign over the full amount.

previous poster, do I send in my divorce paperwork with the injured spouse info?? he already electronically filed it.

would you happen to know where I send it to? or whom? i can make copies and get them out this week.


6/07 EX had several Emotional/sexual A
FALSE Reconciles. cheats again. D 5/09
2013- 10 month marriage &D to friend. he was a lyin, freeloadn biploar mess.
NOW? Living my life and loving it.


Posts: 691 | Registered: Mar 2008
lifestoshort
♀ Member
Member # 18442
Default  Posted: 9:21 PM, March 26th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

IRS called. ammended return. will take 3 months but both returns took for the back child support. they will abide by the divorce paperwork which says I get all the tax return. yay. just gotta wait.


6/07 EX had several Emotional/sexual A
FALSE Reconciles. cheats again. D 5/09
2013- 10 month marriage &D to friend. he was a lyin, freeloadn biploar mess.
NOW? Living my life and loving it.


Posts: 691 | Registered: Mar 2008
devistatedmom
♀ Member
Member # 24961
Default  Posted: 9:32 PM, March 26th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

I'm glad you followed through. Yep, waiting sucks, but getting it in 3 months beats not getting it at all.


BS(me) 46, Two wonderful teens.
He is no longer my best friend. Repeat until it sticks.

WH says marriage is over: May 15, 2009.
EA#2 July 20, 2009. Legally sep: Aug 16, 2009. DIVORCED!!!! Signed Nov 23, final Dec 24, 2010, adultery listed.


Posts: 5487 | Registered: Jul 2009 | From: Canada
lifestoshort
♀ Member
Member # 18442
Default  Posted: 9:33 AM, May 28th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

i got all the money now. took 2 months. every cent went to pay towards debt incurred from being w him. fun.


6/07 EX had several Emotional/sexual A
FALSE Reconciles. cheats again. D 5/09
2013- 10 month marriage &D to friend. he was a lyin, freeloadn biploar mess.
NOW? Living my life and loving it.


Posts: 691 | Registered: Mar 2008
Must Survive
♀ Member
Member # 34533
Default  Posted: 10:48 AM, May 28th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

Yeah!!! Lifestoshort.


Me BS
WS: Just a squished bug on the window of my life!
Divorcing, STBXH is engaged/living with OW#3

They have a choice: they can live in my new world, or they can die in their old one." Daenerys Targaryen


Posts: 748 | Registered: Jan 2012 | From: Must Survive
GabyBaby
♀ Member
Member # 26928
Default  Posted: 11:13 AM, May 28th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

Fantastic!!!


Me - 40s
SorryInSac - WH#2 - 40s. DDay 7/12/14
Married 4, together 7yrs total
Status - ??

DD(21), DS(18, PDD-NOS)
6 Furkids - 4 dogs, 2 cats

WXH (serial cheater, 12+ OW)
Legally married 18yrs, together 16.5yrs

I edit often for clarity.


Posts: 6443 | Registered: Dec 2009 | From: California
sparkysable
♀ Member
Member # 3703
Default  Posted: 11:26 AM, May 28th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

Ladies and gentlemen this is why when your are separated or newly divorced you NEVER file jointly!
AMEN! I always scream this when I read people considering filing joint. These WS's can not be trusted, what makes anyone think they can be trusted with a refund?


D-day OW#1 2/2004; R for 6 years; D-day OW#2 5/2010

Marriages that start this way, stepping over the bodies of loved ones as the giddy couple walks down the aisle, are not likely to last.


Posts: 3348 | Registered: Mar 2004 | From: NY
Topic Posts: 18

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