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Do I have to repay my ex husband's tax return for arrears since the children received a back payment from SSDI.

Green Bay, WI |
Filed under: Child support arrears

My ex husband stopped paying child support in April 2008 due to health issues. He was approved for SSDI in 2010 and he and the children were awarded back payments for the time period from Sep 2008-Aug2010. He now wants the $2,800 2008 tax return paid back to him. The period from April 2008 - Aug2008 was not paid by him or included in the SSDI back payment. Can his tax return be applied to the arrears from that period?

Attorney Answers 1


  1. I think I understand what you have asked. Please tell me if I am wrong.

    Back in 2008 he was in arrears. So the government attached his tax return and eventually received the money. Also in play was an SSDI award, that the government eventually attached for arrearages.

    So, your ex is upset because he may or maynot have had too much money taken out. He would like that back, and has come to you for it.

    This is the child support agencies problem, not yours. They will adjust his account and return to him extra money that is over and above what he owed. LET THEM HANDLE IT !
    If you get involved there will not be a paper trial, and it may still be fixed, but this time at your expense. If the agency decides you were paid too much, they will take it out of future months, or ask for it back from you. If you pay him now, they may ask for it back too, and then where will you be.

    Again, LET THEM HANDLE IT !!!!!!
    You can contact them if you like, but you must really keep them in the loop, and let them handle the money.

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