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RayAnswers
RayAnswers, Lawyer
Category: Family Law
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Experience:  29 years as a family law lawyer .
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If a petition is submitted against the non-custodial parent (military parent) to

Resolved Question:

If a petition is submitted against the non-custodial parent (military parent) to extend child support beyond the age of majority because the child has not graduated high school, but is served while the non-custodial parent is out of the country on military orders, can the state of the custodial parent (MD) consider this past due child support and intercept tax returns or suspend licenses?
Submitted: 3 years ago.
Category: Family Law
Expert:  RayAnswers replied 3 years ago.

RayAnswers :

Thanks for your question and good evening.

RayAnswers :

Can you give me more information here?You are the custodial parent , do you currently have unpaid arrears here or are you just trying to extend your support because child hasn't graduated?Please help me understand what you are owed and what you are seeking to do here?

RayAnswers :

If you will give me more I will be happy to respond and assist you in this matter.

Customer:

I am the spouse of the non-custodial parent who is an active duty military member; hence I usually have to manage these matters in his absence. The child graduated June 2010 and these are for arrears. The state of MD filed a petition to extend the child's senior year unfortunately my spouse was out of the country on military orders. The current child support and arrears (2yrs worth) were being paid according to the order issued by the state of FL. The state of MD stated he was deliquent while FL stated he was current and MD intercepted his tax return for the deliquent amount only; which matched the amount of the months remaining until the child graduated. There was no application toward the total arrears (2yrs) from the original order.

RayAnswers :

Thanks for the information here.This is going to be tough here for you the non parent to deal with.If this was a joint return you should have rights to contest the IRS intercept here to get your share back.There is an appeal process to do so and you should try.Apparently Maryland is claiming unpaid arrears here as the basis for intercepting the refund.

RayAnswers :

If you hang on a minute I will get you address for at least IRS to seek to appeal the IRS intercept.

Customer:

Thank you. Was this a legal intercept if the presiding state issued a new order addressing the time after the age of majority and it did not notate him as past due? Then how do we prevent this from happening in the future?

RayAnswers :

You are going to have to ask Maryland Child Support for a printout of what they say he owes here and information about the basis of the claim.

RayAnswers :

I found this for you I will get you the IRS site to appeal

RayAnswers :

As the non-custodial parent, what happens if I have remarried, and part of the income tax refund belongs to my new spouse?



Depending on State laws regarding community property, all or part of your spouse's Federal tax refund may be taken to pay your child support obligation.



If you and your new spouse (called a "non-obligated" or "injured" spouse) file a joint income tax return, your spouse may be able to get back his or her share of the refund. Your spouse may file a request for an Injured Spouse Claim and Allocation of a joint return with the IRS, to claim his or her portion of any refund due. The IRS encourages the injured spouse to file the claim at the same time the tax return is filed.



If the State child support agency is aware that you have filed a joint IRS return with your new spouse, the State may hold part or all of the tax refund for up to six months, while waiting for IRS notification regarding the Injured Spouse Claim.

RayAnswers :

You should be able to get your half of a joint refund back here.As you can imagine you file this and it takes awhile before you see your money.I would suggest married filing separately here from now on since you know they may be intercepting future returns if their is still a shortage.

RayAnswers :

Here is the self help that goes with the form.

RayAnswers :

You will have to talk to Maryland Child Support here about when they considered the child emancipated and they should give you a print out of what they claim is owed.And then you go from there.If you want to then dispute it with them if their numbers are off you can do so.You also have right to motion court where support orders are to modify any orders and amount of arrears.But you need good information here first to know what you are dealing with.And definitely appeal for your half back.I am sure that this is real overwhelming, take it one step at a time.

RayAnswers :

And the state here may suspend his license so that maybe something he has to deal with when he gets back.

Customer:

But if he is current and paid on time, then how do we avoid this? I don't understand.

Customer:

I am trying to as he will depart again for military orders and I am concerned again they are disregarding the Soldiers and Sailors Civil Rights Act and taking any action they want at any given time without notice to him.

RayAnswers :

All I can tell you is that Maryland here apparently is claiming arrears and fairly substantial ones say more than $2k or so.It has to have been on the books awhile if they were able to set up IRS intercept.There has to an arrears high enough and old enough for them to add him to the IRS intercept list.Either they are totally wrong here in which case they need to correct it or he owes some amount here from the past that you were unaware of.If they extended support it would have had to have built up enough here to qualify for IRS intercept and license suspension.

Customer:

If he calls MD Child Support, they do have to provide him with the financial statement of his account correct?

RayAnswers :

Yes you absolutely need this to even begin to sort all of this out.It gives you a means to understand and then contest the matter.

RayAnswers :

He can call, write. or e-mail.I realize he is deployed so here are the contacts.

RayAnswers :

If you have follow up please just ask.


Please remember to click the ACCEPT button so that I can get credit for the answer. Leaving a BONUS (tip) & POSITIVE FEEDBACK after you accept is very much appreciated.


 






My answer is not legal advice but general information. No attorney client relationship has been formed.

Customer:

His case is 4yrs old with the order established in FL. I am unsure how MD is able to enact their own interpretations if FL is the presiding state. The payments were paid in full and on time as I personally wrote each payment due to delays in payroll deduction. It was paid in full the 2yrs owed for support along with the minimal arrears the judge awarded continuing after the support ended. Once the new order was issued after he returned I continued to pay as he was in and out of the country. It sounds as though the issue is with MD and we have to determine the information they have and validate why they are not honoring the order from FL.

RayAnswers :

And they may well be in error here.It sounds like you have good records to match up with their print out.So get the information and then you can argue the matter.Also make sure you do your IRS appeal here for your half.I am so sorry that you have to go through all of this.

Customer:

FL has $10K and MD intercepted approximately $3K. The return was $6K and I had not filed the injured spouse claim as I was completely unaware of it and the remainder was deposited. I am very confused on why none of the states numbers are matching.

RayAnswers :

That is strange I agree.You can at least seek your half back here as innocent spouse.And you can argue the rest of it once you get the information.

RayAnswers :

Please remember to click the ACCEPT button so that I can get credit for the answer. Leaving a BONUS (tip) & POSITIVE FEEDBACK after you accept is very much appreciated.


 






My answer is not legal advice but general information. No attorney client relationship has been formed.

Customer:

Thank you again for your time. Your information has been very helpful.

RayAnswers :

Your welcome and make sure you thanks your husband for me for his service to our country.And thank you for helping him here as well.I know it's hard to do ..

RayAnswers :

Please remember to click the ACCEPT button so that I can get credit for the answer. Leaving a BONUS (tip) & POSITIVE FEEDBACK after you accept is very much appreciated--have a great evening and thanks for the chat.

RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29191
Experience: 29 years as a family law lawyer .
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