Collecting Non Custodial Parents Tax Return For Arrears Owed

by Cindy
(Corona, CA, USA)

I am a 100% custodial parent of 3 children, the non-custodial parent (father) has not seen his children in 16 years and has not paid any support until the last 3 years my case with the Orange County DA has been open since 1994. I attempted once, approximately 1 year ago, to have the case reviewed for re-assessment of the $441 per month that I was awarded in 1994 only to be denied because any increase in the support would create a poverty situation for the father. As of the beginning of 2010 I am owed $99,362.00 in arrears, aside from collecting monthly payments that are being garnished from his wages am I entitled to receive any IRS tax refund that he may be due, if so, how do I go about obtaining his refunds?

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Yes
by: Child Support America Team Member

Dear Cindy,

Yes your ex's income tax can be offset. Unless your ex is collecting SSI or SSD then he would not file an income tax return so there would be no monies to offset. Your caseworker should be able to turn in the necessary forms to the IRS. Have you spoken to your Child Support Case worker concerning this matter?

CSA TEAM MEMBER

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