jc1
Bronze
Reged: 11/03/07
Posts: 38
Loc: NEVADA
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I got an email from my ex's girlfriend, because the ex has no **** to do anything himself, and she wanted to make it clear that our decree from '04(that is in the ending process of being modified now), that he gets to claim our son on taxes this year. ahhhh. I emailed back saying he can do whatever he wishes, but until the custody/support issues are resolved by the court, his return will probably have a freeze put on it. He moved out of state in April and for the entire year has only paid 2400.00 - he makes enough and has no other children where he should be paying 580 + back support. We're waiting for the finalization of everything. Am I correct to say that a freeze will be put on his return until this is all resolved?
Thank you
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Samsung
Platinum
Reged: 06/14/07
Posts: 2223
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Do you have any binding agreement that says he can claim them? If not, then the CP gets the deduction.
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Jada
Platinum
Reged: 06/02/07
Posts: 3501
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[quote]I got an email from my ex's girlfriend, because the ex has no **** to do anything himself, and she wanted to make it clear that our decree from '04(that is in the ending process of being modified now), that he gets to claim our son on taxes this year. ahhhh. I emailed back saying he can do whatever he wishes, but until the custody/support issues are resolved by the court, his return will probably have a freeze put on it. He moved out of state in April and for the entire year has only paid 2400.00 - he makes enough and has no other children where he should be paying 580 + back support. We're waiting for the finalization of everything. Am I correct to say that a freeze will be put on his return until this is all resolved?
Thank you [/quote]
First, why on earth are you communicating with the girlfriend? Tell her that she is not a party, has no say and you will not discuss it with her.
Second, if there are child support arrears, then yes, they can seize any return he gets. And give it to you. Contact the child support agency that handles the collection of the child support and find out what they are doing.
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jc1
Bronze
Reged: 11/03/07
Posts: 38
Loc: NEVADA
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That's the way it's had to be because he says he gets to mad when he talks to me, so she takes care of everything. I'm serious when I say that he has no ****. I am waiting for CS to call me back and let me know the current status. Last time I talked it was close to being ordered. So, I'm praying.....
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jc1
Bronze
Reged: 11/03/07
Posts: 38
Loc: NEVADA
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Yes, the original decree in '04 was binding, but now the new case has been opened since October, so there should be a hold on everything. I hope anyway.
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Samsung
Platinum
Reged: 06/14/07
Posts: 2223
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Does your decree say he gets the deduction for the tax year 2006? If so, then he gets the deduction. You new case is pending, and the old is what still prevails.
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jc1
Bronze
Reged: 11/03/07
Posts: 38
Loc: NEVADA
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Even if there will be past due support due?
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MommaMia
Platinum
Reged: 02/17/07
Posts: 376
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Yes. The fact that he can claim him on his taxes will not change until there is a NEW order saying otherwise, one "in the works" does not count. Since the year is over, your ex gets to claim him, as it says in the decree, end of story.
Now, the back support is a separate issue. They may take his refund (or part of it) and apply it to his arrears. This is regardless of whether or not he claims the child.
I would call CSE and ask what will happen if your ex gets a refund but is in arrears. Make sure your account is accurate with them.
Good luck.
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jc1
Bronze
Reged: 11/03/07
Posts: 38
Loc: NEVADA
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thank you for your help. it just upsets me that he actually can claim him and he's done almost zilch to support him. Part of me wonders how his conscience hasn't got to him - it absolutely amazes me. What's really irritating is the CSE said that this is very common for a ncp who moves out of town or state, they just close their eyes to their previous responsibilities. Anyhow, thanks for let me vent - I'm waiting for CSE's call, hopefully Monday !!
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MommaMia
Platinum
Reged: 02/17/07
Posts: 376
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You have the right to be upset. I hope everything works out for you.
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