Can I force my son's father to file his income tax to pay for arrears?

Jeana - posted on 02/16/2012 ( 2 moms have responded )

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My son's father hasn't filed in years, probably because he knows I'll get it for the care of my son. Is there something I can do to get him to file?

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Angela - posted on 02/20/2012

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Maybe not file, but you could probably have his wages garnished. The thing is that in some states, the children can go after that money after they turn 18.

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Kimberly - posted on 02/16/2012

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Hello Jeana, If there is an existing child support order on file for your son's father then that doesn't eliminate him from paying nor owing child support for your son. However, avoiding payment will subject him to wage garnishments and negative impacts on his credit. Unfortunately, there is nothing that you can do to make him file taxes and you could contact your local Child Support office in order to have the child support order enforced and the consequences that he will have to pay will depend solely upon the Judge that is assigned to your case who can and will order him to file taxes in order to allow you to intercept his refund.. I have also heard of instances where the Judge has ordered the non-custodial parent to sell property including his car in order to pay child support. Child support is something that cannot be avoided and will follow him for the rest of his life until it's paid in full. Hope this helps. :-)

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