Cleveland, OH asked in Child Custody and Child Support for Kentucky

Q: I have full custody now. can my taxes be taken for back support?

Mom used to have custody & I paid support (I was behind). She agreed to drop current support when daughter was placed in our home by state. Mom was charged and found guilty of neglect and drug charges my wife and I have full custody. I no longer pay current support and mom doesn't pay us, however, I still pay back support to the mother. Can my Wife's tax refund be taken to pay that? We have a child together as well and she is worried her EITC for OUR child will be taken and given to my daughters mother (to buy drugs mainly). Is there any way to drop back support payments now that we have custody? Also, mom doesn't work so taking her for support is pointless it would just put her in jail. We do not receive any state or government assistance and my wife holds private health insurance on all the children. My back support agreement is current, not paid off but current.

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1 Lawyer Answer
Timothy Denison
Timothy Denison
Answered
  • Divorce Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Your wife’s tax refund cannot be taken but yours still can, yes.

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