I received my ex husbands tax refund. I wanted to know if he filed jointly with his new wife, could she contest it? If so, is there a time frame to claim a hardship? Also are state and federal refunds garnished for back child support?
I live in Maryland & he lives in Georgia.
1 Answer from Attorneys
If the check is made out to him it is his to negotiate. If they had filed a joint return it would have been payable to both. If you are owed child support you need to file court papers in MD if that is where the support order was issued. If it came from GA or another state and your minor child is in your custody you need to have the out of state order "localized" to be able to get a court order, or you can do it in the other state. Tax refunds can be garnished for child support but first you have to have a judgment and then file it with IRS or the appropriate state tax agency before they issue a refund, so it's too late to do it for the check you received. However, you could use it as a negotiating tool to try to get some support money from him. He might find that easier than trying to get a reissued check.
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