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Child Support Payments Sapping Tax Returns

Child Support Payments Sapping Tax Returns

I’ve been married to my husband since 2002 and have been dealing with his nasty ex-wife for 6 years. She lied and told the state there were arearages when there were not. I know how it is…you have to keep the receipts. My husband didn’t think she would do that to him…wrong!! His support is set at $479 per month, plus $100 for arrearages. We had a little girl in March 2005. I have not received my taxes in three years (over ($9000) because my husbands ex is getting it for the One child they have together who is 10 years old. That is not fair, that money is part my daughter’s and mine. How can they take that? It’s not right. She also made the statement to my husband last summer she was going to tell the state there aren’t’ any arrearages. My husband has had 2 back surgeries and his doctors are in the process of disability. He has not been able to work since January of this year and I only work, I just found out not only has she gotten our taxes again, there’s a warrant out for my husband. She also has lied and said he talked mean about her in front of Dalton. That is absolutely not true, he doesn’t’ have a mean streak in his body. Anyway, can she take mine and my daughters part of our tax return, why and can she got our stimulus payment too? Thanks sorry so long…

If you sign joint tax returns with your husband, and the stimulous check is made out to both you and your husband, yes, the state can garnish both.

You would need to file your own tax return, in order for you not to be garnished. If your husb and’s name appears on anything with your name , the state has a right to garnish it.

What does Child Support Cover?

What does Child Support Cover?

My ex-wife continues to hound me for payment of things like school registration expenses, school lunches, and other related fees. She is the custodial parent by a small percentage of time – and I faithfully pay the support order through FSR each month. There is an arrearage as a result of a court decision that was post-dated, but the arrearage is being paid down through FSR as well. I have reviewed the statute (14-10-115) to find ANY guidance that would describe a list of expenses that are expected to be paid by child support, but cannot find anything. Am I correct in my position that ALL normal and necessary expenses are to be paid by the custodial parent, and my contributions to that are paid via child support to FSR and then to her ?

You are completely correct. Unless the separation agreement or another court order specifically requires you to contribute to these ancillary expenses, you are not required to do so. Medical expenses are handled differently.

Appeal Child Support Ruling

Appeal Child Support Ruling

I just under went a trial to modify child support payments brought about by my ex wife and feel I was treated unfairly. Can/should I appeal?

If you believe that the court either misapplied the law or abused his discretion, then you can appeal.

State Jurisdictions for Serving Contempt

State Jurisdictions for Serving Contempt

I was awarded a citation for contempt against my husband. The case is in Colorado (Divorce). My ex lives in Texas. Which law governs the serving process? The state of Texas’ laws or Colorado. Thanks!!!

The Colorado rules apply for service. However, you will have to get the Contempt citation registered in the state of Texas, and could have a Texas sheriff or Texas private process server serve him. Good service will be based on Colorado law.

Can Children from New Marriage Affect Child Support Payments?

Can Children from New Marriage Affect Child Support Payments?

My wife’s ex-husband keeps taking her back to court to modify child support. He is re-married and has two new children with his new wife. Can he claim those children as a deduction towards his gross income?

Good question. The has recently changed in Colorado and YES your ex-husband can use as an offset his two new children.