Family Law Questions? Ask a Family Lawyer Online.
Hello there -
Can you tell me the reason why the state of Maryland is seeking a child support recoupment from you? While you were receiving social security benefits based upon your lower income at that time, did you also receive any other type of public benefit for either you or your children (such as medical insurance or food stamps )? Are they seeking this recoupment because you received such benefits and HE was claiming them as dependents on the tax return (effectively, he either (a) filed a joint tax return which looked as if you all lived together, OR (b) claimed that he lived with them and supported them for the year in which he claimed them as dependents) ??
If you can answer these questions for me, I can give you a little more information regarding what you can try to do to get the recoupment either reduced or dropped. In the meantime, the answer to your first question regarding the filing of the tax returns is as follows: He probably either prepared them himself or whoever prepared them for him simply took his word that you were married and living together and that he was permitted to claim the children on the return also. Either way, tax returns can be prepared online and submitted online and the IRS and the state taxing authority never need or see the signature of the people preparing the returns and submitting them online. Instead, there is a certification box that must be checked off to state that you are YOU and that you agree to file the taxes jointly and online -- your estranged husband probably completed these certification himself on the online tax return and simply pushed the SEND button on his computer to send the returns to the IRS and the state.