Legal Question in Family Law in Indiana
Child Support
My ex owes approx 25k in back child support. He lives in SD and I have been receiving support payments semi regularly for over 2 years. In 2007 when he lived in Minnesota I was sent his tax refund but since he moved I didn't receive 2008. I called the child support Div. in my county but they refused to give me any info due to his privacy rights. The county didn't even know he lived in SD. We divorced in 1993 and I have a Child Support Collection Agency who found him after 7 years of non-payment who now receives 25% of all pymts. However, the collection people do not receive a % of the Fed tax refunds so they are under no obligation to assist or find anything out on my behalf. Although my agent did try last year, unsuccessfully. I thought the Federal checked these things out and I was to get the refunds. This would really help him reduce the amt of his rearage too. I also wonder that since I received no stimulus of his for the 2008 year that maybe he didn't file taxes. How can I obtain info so I know if I will be receiving anything or if SD has tax laws that are inhibiting my collection of his tax refunds. Please advise. Thank you
2 Answers from Attorneys
Re: Child Support
Do more than call. Go in and see the IVD prosecutor and bring the information on his new residence. Tehy can contact a IV D prosecutor where he lives to subpona him to court. Additionally there is no reason why his movew would prevent a tax intercept occur this year. It is based on his income as reported to the Federal Government and has nothing to do with what state he lives in. Ask the prosecutor why you did not receive it.
Re: Child Support
There are easy ways you can track your -x-. Once you find him, then you can subpeona him. You can also have someone there personally serve him which presents better when going to court. If you like, call our office on Monday or call the secondary number today or email and we can discuss your options.