Q: Non custodial parent owes back child support to the state of NJ, and to custodial parent. Who gets his tax return?
My daughter's father owes about $16,000 in back child support. He owes the state a little over $9000, and he owes me about $6,000. I took him off child support about a year ago, but I kept the arrears in place. He owes the state agency that money from about 10 years ago, and the $6,000 he owes me is from the last few years, before I took him off. He is currently being garnished $200 a month towards the arrears which are currently being given to me, so my question is, will I get his federal income tax return, or will the state take it all? I've read if a non custodial parent owes to both, then the state takes it, but then why am I currently getting everything that's being garnished from his check towards the arrears?
A:
Thank you for your question.
In most cases, the custodial parent claims the child on his or her tax returns, unless there is an agreement or Court Order that states otherwise. I understand that you need answers and need to protect yourself. I strongly encourage you to schedule a consultation with a family law attorney to feel more informed about your situation and your options.
I hope this information was helpful to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
