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Does Child Support consider owing the IRS when imputing income?

mommy78's picture

DH owes the IRS 100K they garnished his wages and only stopped when he worked out an arrangement. DH is ordered to claim 0 for filing status for both state & federal. So half of his check goes to taxes and we have 2 other kids aside from his oldest. . He also pays them 2 k per month until paid off. Does the judge consider this as a hardship if you supply him with the proof?

Orange County Ca's picture

Everyone considers that they paid their fair share and if you didn't and got caught and have to suffer now well then good. Daddy needs to get a second job to pay off his just debts to the tax man.

If you follow the money you would see that relieving him of child support to pay his taxes means effectively his children are going without to pay the taxes. If that leaves them poor enough they qualify for welfare - say food stamps - then I, a honest taxpayer, have to not only pay my taxes but his also. There is no sympathy for a tax cheat.

In days of yore he would have been hung. The bright side today is if he's poor enough he can apply for food stamps. We want him healthy until he can pay off his taxes.

frustratedstepdad's picture

If he does get a 2nd job, I would highly recommend it's a job where gets cash such as waiting tables or bartending.

mommy78's picture

Well DH is paying child support and he has 50% custody and paying all medical dental etc. BM wants more Money

Journey1982's picture

SO fell behind on his business taxes due to the economy tanking. After his business failed and he closed it, he got a full time job and the IRS took everything - I mean everything in his bank account and garnished his entire paycheck for approximately a year. He fell way behind in his child support and alimony. After he paid back every penny of the taxes he owed (way more than your DH) he was told by an attorney that he could have requested a reduction in CS because he essentially had no income.

Rags's picture

Nope. CSE does not care who or what you owe for any reason. Generally only the income of the BioParents and who has custody really matters regarding CS amounts.

There are some sitautions where other financial sources can impact CS and even for a SParents income to be in play. But generally the courts don't care about the details of how either party lives or pays their bills.

If one or the other BioParent is unemployed then their earning potential (income history, education, qualifications, etc...) can come in to play to establish a CS amount.

SanAntonioSoccerMom's picture

Ugh what a nightmare. How does one owe the IRS 100K? That is just crazy. Have you looked into any of those tax attorneys that claim to settle tax debts for pennies on the dollar?

K.C.'s picture

We have been through this with the IRS when DH had his own business. We didn't owe that much, approx $15K but I think it is the same routine no matter how much you owe. Basically my husband wasn't estimating his taxes for the business on a quarterly basis which is what he should have done. Ya think he told me about any of this? Hell no. I didn't find out until I got the mail to find a notice from the IRS attempting to levy our bank account.

We never tried a tax attorney but he called the IRS directly and set up a payment plan with them. Our bank account was never levied but it took us over 8 years to pay the $15K back and the interest and penalties is a KILLER but we are finally DONE. It doesn't matter if he pays CS. Back then, my dh's check basically went to IRS and CS while I supported the household with my paycheck. Now? My dh no longer has his own business, he works for a large company and has the maximum taken out of his check for taxes. He sees giving the maximum amount as a loan to the gov't and he hates that and he wanted to have a small amount taken out but I told him since he is irresponsible in estimating how much he might owe at the end of the year forget that idea!

Living off the grid and eating berries and mushrooms out in the woods seems really appealing sometimes. Blum 3