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Old 04-06-2015, 05:01 PM   #1
nurse
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Default My money... help me understand this legal theft!

My husband and I have been married for 2 years. He has 2 children that he is currently paying child support. However, when he was behind, interest accrued, which he is paying on as well. He had no reportable income this past year. Our income was all mine that I worked hard for and my bank account paid his child support. How is it okay for child support services to take ALL of MY state income tax return, $424.00, for his child support interest when not one red cent of it was earned by him? Someone please help me understand this legal theft!
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Old 04-06-2015, 11:46 PM   #2
Disagreeable
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Default Re: My money... help me understand this legal theft!

You could file a form for injured spouse and get 1/2 of the return or you could file separately. Just because he is not working does not mean his children could be turned off and require no food, clothing, shelter etc... I suggest he get a job at a fast food restaurant to feed his kids.
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Old 04-07-2015, 12:10 PM   #3
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Default Re: My money... help me understand this legal theft!

Quote:
Originally Posted by nurse View Post
My husband and I have been married for 2 years. He has 2 children that he is currently paying child support. However, when he was behind, interest accrued, which he is paying on as well. He had no reportable income this past year. Our income was all mine that I worked hard for and my bank account paid his child support. How is it okay for child support services to take ALL of MY state income tax return, $424.00, for his child support interest when not one red cent of it was earned by him? Someone please help me understand this legal theft!
In what state do you reside? Is it a community property state? That makes a difference for in community property states each spouse has an undivided interest in the other spouse's property, which includes income.

There are spouses who have obtained a decree of legal separation just for circumstances like yours so they remain married, but no longer are their assets joint and indivisible because they are in a community property state -- and one of the spouses has debts for which they could attach the other spouse's income and assets.

So, if you are in a community property state, attaching your income or tax refund for your spouse's debt is legal.
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Old 04-07-2015, 03:40 PM   #4
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Default Re: My money... help me understand this legal theft!

I wish to inform you that you may claim the money from the biological father of the child under common law.

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