Legal Question in Family Law in Florida

Child support with arears

I have a child with a past girlfriend. No legal papers with her. Child had medical problems, was on medicaid. We parted, 17 yrs ago. But, gave money and whatever needed at times for child. She never filed support until yrs later. By that time had been about 5 yrs. I begain paying support, found out they also wanted back money. In 1998 the irs took my tax refund for payment. I got married and have two children now. This year IRS again, out of the blue takes return. Is this possible, as it is on our joint tax return. I pay the support, why take from my wife and two children? Is there no recourse? My wife worked too for the tax refund. Advice please.


Asked on 4/30/07, 5:16 pm

1 Answer from Attorneys
David Ellis david Robert Ellis, P.A.

Re: Child support with arears

If you and your wife file a joint tax return, only half of your tax refund should have been taken. This is typically how it is done. However, if you did not participate in the child support enforcement proceedings, or did not tell the court that you file joint returns, the court and the IRS have no way of knowing to only take half of your refund.

David Robert Ellis, Esq.

Read more
Answered on 5/01/07, 10:31 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida