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Is there any way for me to stop the Department of Revenue from taking my joint tax return for my husband's child support...

Orlando, FL |

arrears? He is in the middle of his court battle and he is not supposed to be paying child support, which the magistrate confirmed; however, until his next court date they are going to continue with the order that is in place. (The magistrate said he will be entitled to a retroactive credit and his ex-wife is supposed to be paying him because she makes significantly more than him.) Unfortunately, that will most likely be during the middle of tax season, maybe even after. Is there any way for us to file and stop the D.O.R. from taking the money for his child support?

Attorney Answers 3

Posted

Your best bet is working out an agreement by calling the DOR and having them agree not to take the return by agreement. Hiring an attorney to negotiate will probably help if you cannot get the DOR to aork cooperatively with you.

This answer is based on general legal principles only and is not intended to provide specific legal advice. This answer is for informational purposes only and does not constitute the formation of a lawyer-client relationship. Any reader of this answer should not make decisions based upon in without first directly consulting with an attorney

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Posted

The other option for you is to file separate. While this is not always beneficial it could provide you with a refund and your husband with no refund so that nothing is seized.

This answer is based on general legal principles only and is not intended to provide specific legal advice. This answer is for informational purposes only and does not constitute the formation of a lawyer-client relationship. Any reader of this answer should not make decisions based upon in without first directly consulting with an attorney

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I would advise a client in this situation to file taxes separately.

Anastatia Quirk Ellis, Esq. is licensed to practice law in Florida, Massachusetts and U.S. Tax Court, This answer is provided as general information and does not initiate an attorney-client relationship. You can reach The Law Offices of Anastatia Quirk Ellis, P.A. at 813-625-0222.

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