Husband hid the fact he had another child. Child is 8 years old, now child support issues?
DH hid info he was the father of another child. He found out last July. He got served with papers to his old address and a default order entered 3,000 miles away from us for child support. Apparently they took part of his income tax return. All communication has been sent to his Mother's address and he is IGNORING it. He is just going to let them continue to take his tax returns every year for the next 10 years because the child is already 7-8 years old.
He turned in one paper stating he didn't make what they presumed he made so I guess they are going to modify the order to god knows what. I am afraid about the arrears, don't they arrest you if you don't pay on time every month or is there some lead way with times. He just believes it's best for them to take his tax return yearly. Well how does this affect me when we file jointly? Am I liable for any of this at all?
I am in disbelief, and I am afraid for our family. We can't afford $300 a month out of pocket we're on WIC and welfare!
Answers:
DNA is a moot point. He cannot now go before the court once a judicial determination has been made regarding paternity.
Second issue regarding the tax returns: File Injured Spouse petition with the IRS. That will protect your portion (if any) of the return.
Third Issue regarding arrest. Unless he is so far behind that any other means of collecting the arrears will prove fruitless, arrest is not a threat. In fact, unless his arrears reach more than $5,000 (and in some jurisdictions it rises to $10,000 and more) the court will exhaust other options, such as suspending his driver's license, before issuing a felony arrest warrant for the arrears.
Let me guess, you're southerners, right?
You file tax returns and you're on welfare? How does that work? I would file separate returns if I were you. They don't care who's name is also on the return. He needs to have the amount adjusted and have it taken out of his check. If they are taking his tax returns then there is money that he can divert to the support of the child.
No one can answer all of your questions without more information. It seems that you do not have the information also. First, I would suggest that you sit your husband down and tell him that this is a serious issue and you both need to deal with it. Avoiding it isn't going to make things any better.
You say the child is 7-8 years old. When was paternity established? From what date was child support ordered? Get a copy of all the orders entered.
Determine who is enforcing the order. Most likely it has been referred to your local IV-D child support office for enforcement. If so, contact them and they can at least give you documents.
Determine the arrearage. There is no way to know whether a warrant will be issued unless you know how much is owed. Most courts have a threshold. If you are currently paying, and paying toward an arrearage, generally they will not issue a warrant. There is wide discretion in this, however, and it varies from state to state.
Establish a realistic payment plan. Getting further behind is not in anybody's interest. Even thought it will be very difficult, try to remember that this money is going for his child. The fact that the child is illegitimate is not the fault of the child and does not make the child eat less or need fewer clothes. If you are angry with anyone, your husband is the one to look to.
As for your taxes. I believe there is a hardship form from the IRS which you can fill out to get your portion of any tax return. Speak to a tax professional regarding this.
Good luck.
First if your husband just found out that he has a child after several years, he should get an DNA test done to prove that this child is his. If the child is NOT his, then he can fight to get his money back.
Now, if this child is his, yes he needs to take responsibility for his child. He can either sign all of his rights away or work with paying child support. Your husband will still need a lawyer to help with any of these outcomes.
Since you do participate with the EIC program and the WIC program, it shows you have low income. Even if a person is receiving $600 a month for social security, the judge will not force a person to go broke to pay child support, but arrangements will be made to provide some support to the child. They can help go over your finances and figure out how much your husband can REASONABLY afford to give to his child.
He can't ignore it forever. If there is an order and he is behind,then can send him to jail. So if he is just going to let them take his income tax return every year,does that mean that his child gets to eat only once year? A child need constant support,not just a little payment once a year.
First,he has to make sure he is the father. If it is proven that he is,then he has to be a man and step up to the plate. If that means getting two jobs,that is what he has to do. It isn't easy raising a child alone,I've been there. I went many years without any child support.
$300.00 is pretty cheap child support. Most men have to pay far more than that.
If you file a joint tax return,they will take your refund also if he is in arrears. To avoid that,you either have to file separately or fill out an "injured spouse" form so they don't take your portion of the refund.
His child deserves his support on a monthly basis. Also,arrears do not end when the child turns 18. As long as he owes arrears,he continues to pay until it is paid off. My ex is still paying child support arrears for his first child,and she is 30 years old.
Ignoring it won't make it go away. A real man takes responsibility for his actions and does whatever is needed to take care of his children.
On the arrears portion you need legal representation and try for a settlement. To ignore the issue is going to cause your husband wage garnishment next. Most judges look at he dependents in birth order. As an example if your husband pleads his case stating his current family's needs the judge will respond in a manner of this child was here when you fathered another one I am ruling on the merits of the case before me. You are liable to the extent of joint returns meaning your excess tax payments can also be garnished. The other portion of your responsibility is the effect on your current family situation. Honestly $300 a month is the least you will pay if they go after back support and get a judgment before you hire an attorney.
When you get hired at job you fill out a form that asks you decide what your withholding will be for taxes. If you put "0" the absolute minimum amount of money is taken out of each paycheck. You can put1 for yourself and they take a bit more. Some put 2 and have a lot more taken out because the more they take out the more you get back at tax time. You husband should look into that and change his with holding. His paychecks will be bigger (freeing up money to pay) and he just won't get a refund at the end of the year.
If this has gone far enough to take income taxes this has been going on well before he was notified. Odds are he knew about it though and ignored it before. Meaning your husband is on some serious thin ice. Obviously this women has gone through a great deal of time, research, effort and spent some money to get this far in claiming support. So she is probably going to do everything she can to make sure she gets her money.
Yes, she could get a warrent issued for him. But if he is in jail she wouldn't get any money. Odds are he wouldn't get jail time but you guys would have to spend money to bail him out so he doesn't lose his job while sitting in jail waiting for the court date. Then you will have to pay for a lawyer.
What happens a lot of times is instead they suspend your driver's license until you pay.That's going to destroy your families future in itself.
Obviously if your husband is the sort that is not going to tackle this matter head on..... maybe there is a reason he is stuck in this lousy job. The fact that he is not being a man by not doing so and putting his family at risk is very telling as well. Consider this... say this other child had never happened. But instead it was you trying to get child support?
If family was in this kind of financial position I would work three jobs, day and night doing ANYTHING. This is because the well being of my wife and children is more important than my own. No offense because I don't know where you live or the situation but I suspect you husband is going nowhere is because he doesn't want to make the effort or nothing is good enough for him.
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