If ex has not filed taxes in 10 years so that refunds will not be intercepted for past child support- should I report him to IRS

Asked 12 months ago - Pomona, CA

Is there a possibility that if they go after him, and he files for those ten years, that I will get that money? He admitted in court papers that he hasn't filed since '02, but he obviously has worked because da was garnishing wages for child support.

Attorney answers (3)

  1. Stephen Scott Pearcy

    Contributor Level 12

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    Answered . You'd need to know whether he was required to file each year. If he would have gotten a refund each year, the IRS probably won't care if he didn't file. They only care if he would have owed, but as far as I know the IRS doesn't pursue taxpayers just to intercept past child support.

    If this information has been helpful, please indicate below. Stephen Pearcy is licensed to practice law in... more
  2. Henry Daniel Lively

    Contributor Level 20

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    Answered . I agree with the other attorney and note that if a refund is older than three years old it is past the statute of limitations and the IRS will not refund the money period. Therefore, at best you could get three years back if they did it in the first place.

    H. Daniel Lively, Esq., LL.M., CPA Certified Tax Specialist, CA Board of Legal Specialization dlively@... more
  3. Curtis Lamar Harrington Jr

    Contributor Level 20

    2

    Lawyers agree

    Answered . Wages or 1099 Independent Contractor Payments? If you combine the court testimony of no filing since 02 with the earlier employee status, I agree that IRS may or may not be losing money. If he claimed 20 exemptions so as to have no withholding or if he was an independent contractor and paid nothing he could be in the tax evasion zone.

    Is it that you want him in prison? Does he see the child(ren)? Remember, if he is convicted, he might be sent to the east coast to do his time; are you ready to go there?

    Hire an attorney before you act. You are talking about doing a dangerous thing.

    Curt Harrington
    Certified Tax Specialist -- State Bar of California Board of Legal Specialization (J.D.; LL.M.-Tax)
    Electrical(M.S.E.E.)-Chemical(M.S.Ch.E)(B.S. Chemistry)-Mechanical Patent (Intellectual Property) Attorney & MBA (562) 594-9784 --- http://patentax.com
    Bio: http://patentax.com/curt/index.html
    Library: http://patentax.com/library/

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more

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