Divorce & Starting Over

WrongWayDiva
Can a judge order a party to file their taxes? Update...
January 17 at 10:01 AM

Just curious: I have a custody review hearing for my GD on Friday.  Neither my daughter or son-in-law have filed taxes in a couple years and they are in arrears for CS, so IF they get a refund it would be captured by the state.   Can I ask the judge to *order* them to file their taxes??   What happens if they don't do it?  The kids have been separated for over 2 years and neither of them has filed divorce papers.  


Update:  Kicked ass in court!   GD's dad wanted more visitation this summer, I had proof that he's only used 2 out of 4 visits since our last hearing in Sept, picked up late, dropped off early and has barely paid CS.  The judge admonished him for being late due to traffic, told him to plan better and he did order him to file taxes for the past couple years!  I have no idea if he is due a refund or not, but I want it on record that it is one more thing he is not complying with.  Addicts just hate to be told what to do and to follow rules/laws.   I also suspect he drove to court with no license or insurance, but I didn't bring it up.   Only had 15 mins and needed to hit the high points.   Next review in June....

Replies

  • tottaxi
    by tottaxi
    January 17 at 11:17 AM

    If they did pay their child support, would it come through a disbursement agency?  My husband's ex is thousands in arrears and the only money he ever receives (at least for the past two years) has been when he gets her tax refund through the disbursement agency. I really don't know if she is actually filing.  I doubt it since she knows she isn't going to receive it.  Maybe talk with the disbursement agency.

    DH has filed and won contempt charges and the judge has ordered BM to work a forty hour per week job/jobs and to pay additional money on top of her regular child support, but it has never happened.  I don't think a judge has much power in this regard.  Or if they do, they don't exercise it.

  • WrongWayDiva
    January 18 at 2:16 PM

    The CS is collected by the state, then sent to me.   

    I posted on a legal advice board and the answer is the yes, the judge can order it and they frequently do.   I would like them to be forced to use a paid provider--not a 'do it yourself' program because I don't trust that they will be honest.  The kicker is that if they owe taxes, no refund to recapture but historically they have been low income and recieved a couple pretty big refunds.

    Quoting tottaxi:

    If they did pay their child support, would it come through a disbursement agency?  My husband's ex is thousands in arrears and the only money he ever receives (at least for the past two years) has been when he gets her tax refund through the disbursement agency. I really don't know if she is actually filing.  I doubt it since she knows she isn't going to receive it.  Maybe talk with the disbursement agency.

    DH has filed and won contempt charges and the judge has ordered BM to work a forty hour per week job/jobs and to pay additional money on top of her regular child support, but it has never happened.  I don't think a judge has much power in this regard.  Or if they do, they don't exercise it.


  • anonomomma
    January 18 at 4:29 PM
    Was that without having children to claim? I never got more than a few hundred back until I had kids.

    Quoting WrongWayDiva:

    The CS is collected by the state, then sent to me.   

    I posted on a legal advice board and the answer is the yes, the judge can order it and they frequently do.   I would like them to be forced to use a paid provider--not a 'do it yourself' program because I don't trust that they will be honest.  The kicker is that if they owe taxes, no refund to recapture but historically they have been low income and recieved a couple pretty big refunds.

    Quoting tottaxi:

    If they did pay their child support, would it come through a disbursement agency?  My husband's ex is thousands in arrears and the only money he ever receives (at least for the past two years) has been when he gets her tax refund through the disbursement agency. I really don't know if she is actually filing.  I doubt it since she knows she isn't going to receive it.  Maybe talk with the disbursement agency.

    DH has filed and won contempt charges and the judge has ordered BM to work a forty hour per week job/jobs and to pay additional money on top of her regular child support, but it has never happened.  I don't think a judge has much power in this regard.  Or if they do, they don't exercise it.

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