View Full Version : Child support


Aztec
04-09-2007, 11:26 PM
Ok I know it's been a long time. Sorry! I've got an emergency of sorts. My husband has been in for almost 7 years. He was taking care of his son up until he went in. We got married back in Nov. and filed for taxes and they took it all due to child support from Wisconsin where his ex biiiiiiiiiiitch lives. He kept telling me that someone told him the clock stops on child support when you go to prison. I looked it up and it says that they take out anything over 50 dollars in commisary if they petition for it for child support. Where is the truth?
Now I'm out of the money I earned because of her. I need some advice and some answers. I have to file " injured spouse " now because of it and lord knows when I'll see that money and just how much I'll get back. So if anyone can help me get some answers I would greatly appreciate it.

Iuse2bhere
04-09-2007, 11:49 PM
Actually when you file your taxes you don't have to claim your husband because he is in prison and it can be considered that you are legally separated. The IRS is suspose to return your portion of the return under injured spouse. I am sure it will take some time because IRS is slow on returning money... But whomever told him that the clock stops is true in a sense but they have to notify the Friend of the Court so that the case is marked as the individual being prison they won't automatically do that without a motion being filed since you are speaking of a different state they may even have different guidelines than Michigan! But Good Luck with this!

deb
04-10-2007, 06:26 AM
File the injured spouse form and from now on file it each year right when you do your taxes.. They cannot take your money for his child support..

Deb

mrsdragoness
04-10-2007, 06:34 AM
He needs to contact the child support office in WI or where ever the support was court ordered from and let them know he's incarcerated.. HE HAS TO NOTIFY THEM or the support does not stop! ALSO.. if the courts in WI ordered the support he will have to go by WI laws not MI laws!!

billswife8
04-10-2007, 06:46 AM
I called my husbands case worker at FOC and told her when he went in and she stopped the payments. I also have to file injured spouse for federal and non-obligated spouse for State. You need to file this when you do your taxes. It takes a little longer for you to get your money but its worth it! PM me if you have any more questions!

Sue

Iuse2bhere
04-10-2007, 06:04 PM
Hey I was wondering something because about claiming your spouse on your taxes; because one year my husband received a W-2 and he told me that he didn't understand why they gave it to him because he wasn't able to file taxes and every year since we've been married I've filed taxes as Head of Household and I claim him but they always list it as; married legally separated and my accountant explained it as being ok because my husband is in prison and to date they haven't taken our taxes. Has anyone ever heard of this?

DJB's Wife
04-10-2007, 07:30 PM
This area is a little gray. If your spouse is incarcerated you can file head of household or married filing jointly - whichever is to your advantage.

With the injured spouse form, you will receive 100% of your federal refund while he is incarcerated. It takes about 8 weeks from the time the injured spouse form is filed to receive the refund. The federal form can be filed with the tax return. Good old MI makes you file the return, then they mail you the form, then you mail it make - very inefficient process, that takes a good 12-16 weeks longer to receive the refund.

Aztec
04-10-2007, 11:07 PM
thanks so much for the responses ladies. I called today and they could not give me any info minus the worthless shit. Ok here's the deal it's been at least on going since mid 2003 said he's been getting monthly billing statements to Saginaw. He hasn't been int here since end of '03. He claims he never got anything. Ok so I want to know is it because she was getting assistance? He says she never mentioned it even when he asked. Also woudl there be a minimum? I want to hurt her really bad. Also it scares me to think that my husband would have kept this from me. He says he didn't know if not he would have had me file single. The women in wisconsin were so rude and not helpful at all. I tried calling his ex and she had the number changed! I was ready to give her a piece of my mind. how do I find out about child support in wisconsin?

PTO-97580
04-11-2007, 06:41 AM
thanks so much for the responses ladies. I called today and they could not give me any info minus the worthless shit. Ok here's the deal it's been at least on going since mid 2003 said he's been getting monthly billing statements to Saginaw. He hasn't been int here since end of '03. He claims he never got anything. Ok so I want to know is it because she was getting assistance? He says she never mentioned it even when he asked. Also woudl there be a minimum? I want to hurt her really bad. Also it scares me to think that my husband would have kept this from me. He says he didn't know if not he would have had me file single. The women in wisconsin were so rude and not helpful at all. I tried calling his ex and she had the number changed! I was ready to give her a piece of my mind. how do I find out about child support in wisconsin?

I have attatched a link for the Wisconsin Child Support Program. I hope it helps
http://www.dwd.state.wi.us/bcs/

mrsdragoness
04-11-2007, 07:31 AM
Unfortunately they cannot help you... it is confidential information and they have to deal with your husband. Its not that they are being mean to you, its just that they cannot reveal confidential information! He needs to contact them ASAP. One mistake many prisoners make is not realizing its their responsibility to keep informed of their current address!

sugarhill
04-11-2007, 07:37 AM
i file head of houehold therefore there are no problems as for child support he did contact them all charges have been stopped however he has 30 days from release to contact the foc to set up child support and visitation

Iuse2bhere
04-11-2007, 08:41 AM
Well now when dealing with child support and the ex's things can get pretty sticky but you shouldn't get mad her because it's not her fault because he has just as much responsibility to the child or children as she does and knows he has a support order. Now just because they took your taxes doesn't mean that she has received assistance but sometimes can be an indication because the state is quicker to attach the taxes for their own money than they will if the money is owed directly to the parent receiving the support. I received my youngest child's father's taxes and I am not on assistance. When they attach someone's taxes for back support they do notify the individual but if your husband has been in and hasn't notified them of his address then he wouldn't have known they would have sent it to his last known address, but misinformation can really hurt and he really needs to write them a letter and let them know he's in prison, and he can find out who the money is owed to whether it be the mother or the state.

Aztec
04-11-2007, 08:56 AM
Thanks for the link I'll check it out!
Now as for not being mad at her, yeah I am no matter what. I'm not saying he has no responsibility. She's the one not allowing his son talk to his father because we're married now. Also I was able to find out and they said that they do not get letters from the FOC, I found that rather odd. Either way I found out what exactly is going on. So here's my new question. If someone owes the state for the birth of a child how long would it take for that case to be open?

PTO-97580
04-11-2007, 09:32 AM
Thanks for the link I'll check it out!
Now as for not being mad at her, yeah I am no matter what. I'm not saying he has no responsibility. She's the one not allowing his son talk to his father because we're married now. Also I was able to find out and they said that they do not get letters from the FOC, I found that rather odd. Either way I found out what exactly is going on. So here's my new question. If someone owes the state for the birth of a child how long would it take for that case to be open?

I'm not sure I understand the question. Are you talking about Medicaid?

mrsdragoness
04-11-2007, 02:36 PM
If someone owes the state for the birth of a child how long would it take for that case to be open? If the mother is on assistance and/or medicaid prior to the birth its usually referred to the FOC right away.. My friend's son got a bill from the FOC before their daughter was a week old.

Iuse2bhere
04-11-2007, 10:24 PM
Thanks for the link I'll check it out!
Now as for not being mad at her, yeah I am no matter what. I'm not saying he has no responsibility. She's the one not allowing his son talk to his father because we're married now. Also I was able to find out and they said that they do not get letters from the FOC, I found that rather odd. Either way I found out what exactly is going on. So here's my new question. If someone owes the state for the birth of a child how long would it take for that case to be open?

Sometimes there is more to it than meets the eye however I wasn't meaning that your man wasn't responsible and who said they don't get letters from FOC? I know the prison didn't tell you that because inmates get letters from FOC all day everyday and I find that odd that his facility would be any different from any other in MDOC pr are you talking about the IRS? If someone owes for the birth of a child and paternity has been established it's really a matter of months just depends and each state maybe a little different.