Legal Question in Family Law in Illinois
My ex was court ordered to give me any tax refunds he receives as he has been behind in the past in child support and owes me over $30,000. Last year he was to receive a federal refund of approx $800. He never actually received it because the feds took it to repay student loans he never paid back. Does he still owe me the $800? I look at it as he received the $800 and it was then used to pay the loans (though he never had the refund in hand and had no choice in the matter). Am I entitled to get $800 from him or am I out of luck and he does not owe me this?
2 Answers from Attorneys
Sound to me like he owes you the money. Afterall the $800.00 is being credited to his debt so he is receiving the benefit of the money. You're getting nothing. Bottom line, he needs to pay you $800.00.
If the order is written to say that all tax refunds are to be paid to you, then yes your ex-husband owes you the $800 to pay down his debt. your ex-husband received a refund of $800. the mere fact that the department of education took it does not mean he did not get the refund--it just mean he did not have it in his hands, but he got the refund and the use of the $800.
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