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

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.

Pomona, CA -

Attorney Answers (3)

Stephen Scott Pearcy

Stephen Scott Pearcy

Tax Lawyer - Sacramento, CA

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.

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Henry Daniel Lively

Henry Daniel Lively

Tax Lawyer - Newport Beach, CA

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
Curtis Lamar Harrington Jr

Curtis Lamar Harrington Jr

Tax Lawyer - Long Beach, CA

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)
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Child support

Child support is a payment made from one parent to another parent (usually from non-custodial to custodial), to help ensure the child's financial needs are met.

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Statute of limitations of child support

Not all states set a statute of limitations on child support. In those that do, the deadline to request support varies widely, lasting 20 years in some states.

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