Can they take our tax return for back child support
It is November 2010, in June of last year 09, we received a call from my boyfriend's family member saying that he is the father of a 15 year old boy. Here's the situation, when my boyfriend was 13 he was staying with a aunt for a while and this aunt had adopted this girl, this girl who was at the time he stayed with them 16 years old. Anyway, it was the first time they had met each other, and they had interactions. Now all these years later she has her adopted mother(his aunt) call and say that they have a 15 year old boy together. Well by March of this year 2010, we had done the DNA test and found that it is his child. And in March they had a child support meeting, I don't know what else to call it because they didn't actually go to the court, they went intoa room with someone from the courts and discussed and finally settled on an amount to be paid. When he came out I was surprised and to be honest kind of mad to hear that they ordered him to pay about $8500 in back support for the past 3 years.
I was upset because I don't see how they can make someone pay back support for a kid that he didn't know he had until now. So we are current on our current child support and have been paying each month a little towards the back suppoprt also, we have brought it down to about 8000. About a week ago we get a
letter stating that if we don't pay the $8000 in the next 30 days that they will take our tax returns for the back support. But when they were in that room with someone from the court or child support or whoever it was, he asked them that day if they could take his taxes for the back support and the lady told him no because of the specific situation that he did not know about it. Someone at his work told him that if he has other kids and gets the kid credit for them on his taxes that they won't touch that, that we can still receive that from taxes. So here are my questions. By the way we are in Arizona.
Also the point of me telling the whole story of them being adopted cousin is to show that she's in his family so there's no reason they couldn't of contacted him at any time in the last 15 years, but they chose not to.
1. Can they take his tax return for the back support when it's not his fault that he owes it becauseof the fact that he never knew about the child until now? Is there some kind of loop hole or rule or anything that protects us from this kind of thing based on our situation?
2. and if they can take the taxes no matter why he owes back support, is it true that they won't take the kjid credit portion for the kids he has with me? Or will they take the whole thing?
Thank you for your time.