They are already garnishing my wages but there is a trust that was set aside from my proceeds from the divorce but my ex wife’s attorney will not turn over the money to child support and it was to be done since February 2017 and I don’t want to file my taxes until he releases those 3000 to child support.
This is not a tax law question. I am changing the category of your question to "Divorce & Separation" so you will get more responses.
Ms. Willi is a tax attorney, CPA, and Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Westerville, Ohio. She serves client families and private business owners throughout Ohio. Ms. Willi responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but her responses are not legal advice and do not create an attorney-client relationship. Her posts are provided for informational purposes only and are not a substitute for advice provided by an attorney or licensed tax professional. Her phone number is 614-890-0500 and her website is www.willilaw.com.
Your question is rather unclear.
It would appear that you perhaps are being subjected to execution upon your wages for unpaid taxes, and you are wondering if you can stay the enforcement of the tax claims at the same time that you seek turnover of $3,000 to be applied to child support owed to you from funds being held in the trust account of your former spouse's attorney.
The Family Court lacks any power to stay enforcement of federal income tax collection, but a bankruptcy proceeding would do so, allowing you to then claim as exempt your right to the $3,000 held in trust as domestic support owed to you. Without more information concerning the taxes, such as the year for which owed, whether returns were timely filed, when the tax liability was assessed, it is not possible to determine if the taxes might be dischargeable.
Also, additional information would be needed to determine whether there are other potentially dischargeable claims owed by you. You should seek competent counsel with regard to the bankruptcy laws may be able to do for you.
Yes you can file an extension on filing your taxes. I am assuming that is desired to protect any tax refund you think you may get.
The bigger problem is that you have a child support issue, so you need to chat with an attorney who handles such matters.
There might be a reason that the attorney will not "turn over the 3000" to you that you aren't sharing. You should attack that problem more directly and go back to court and request that the court order him to do it.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline