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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

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


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 California. The response herein is not legal advice and does not create an attorney-client relationship. The response is for legal education and is intended to provide general information about the matter within the question.

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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 714-708-2593 Mr. Lively is a Certified Tax Specialist by the State Bar of California Board of Legal Specialization. He can be reached at 714-708-2593 or individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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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 ---

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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He has abandoned his children, hasn't visited them in six years. Owes me about $250,000 past spousal & child supprt. We have been low income for many years. Tired of him getting away with not paying, now he wants his license back. We want what is owed to us.

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