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My husband fell behind in his child support payments and now they froze our account, we only have $600 in there and they froze

Tallahassee, FL |

it for $2300, we don't even owe that much! It originally started out in IN, and now it is going through FL, IN has part of our tax return already but won't process it for 180 days, but it shows that it is there waiting, so all in all we owe $688, but they won't let us pay the 688 they are demanding the 2300 that we don't even owe! I don't know what to do, my husband is on unemployment, I work PT and go to school we have 2 kids of our own and live with his parents because we already lost our house...I need help, I feel like we are being taken advantage of!!

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Attorney answers 1


firstly, if the frozen account is a joint account; you should be ale to file something akin to theinjured spouse claim - similar to an iRS claim - that half of the money yours. As to the $2,300 IN Tax Intercept, the reason they cannot process it for that long is to give you a chance to file an injured spouse claim, which you defintely can file as to the taxes assuming that you and your Husband file jointly. You need to get and immedately file this ASAP claiming that half the income is yours by way of marriage. The somewhat good news is that if DOR takes more than the arrearage they are required to return the overage - but 180 days later that is small consilation. Contact your bank and the IRS for the form - the IRS form is easily available online.

Family law rules differ significantly in every state, especially procedural rules. Always seek the advice of an attorney in the state where your divorce was filed.

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