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Asked 1/17/2012

Can a Mother's tax return be garnished for claiming her adult son as a dependant when the son owes back child support?

My ex owes me $100,000+ in back child support. He never works. There is a hold on his income tax returns but hasn't filed since he last worked a decent income. His Mom has been claiming him for a deduction as a dependant on her tax return. Can his Mom's tax return be intercepted for his back child support?

 
 
 
 
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Answer 1/5 - Submitted 1/17/2012

No, his mother owes no child support and can't be made responsible for another person's debts. It doesn't matter that she's providing him a home and supporting him.

 
 

Answer 2/5 - Submitted 1/17/2012

I am sorry that he has not paid his child support and that she is basically enabling his bad behavior by supporting him. It must be difficult raising your child or children on your own, and I am sure that it hurts. With all of that said, it is not reasonable to think that his mother should have to pay the child support. Should she tell his sorry self to go get a job and take care of his kids? Absolutely. However, her tax returns are not his child support payments.

 
 

Answer 3/5 - Submitted 2/3/2012

It's a shame that he has not paid his child support but I hear of these kinds of stories periodically. I know you say she is claiming her son on her taxes but you really don't know that for certain. Unless he is under 18 or going to college full time (until age 24) he cannot be claimed on her taxes as a dependent. You are making an assumption that she is doing so and therefore benefiting from him being home. The really sad thing is that she is allowing him not to be responsible for the child that he has. I have known of father's who changed their social security number in an attempt to avoid child support. You might want to try to find out if he has done this as well. The Mother's tax retrun cannot be garnished for child support. She is not responsible for the payments in any way and while she is allowing her son to live with her and not have to find a job it doesn't change the fact that she has no financial responsibility here. This is a tough spot to be in and I certainly feel for you. My sister got a few hundred dollars from her ex for child support one time and never again. I know how hard financially it can be to raise a child. I watched my sister struggle through it. You didn't say if you had been to court to get an order of support. If not, you should take this step. This way the courts will tell him to get a job and determine an amount that he should be paying. Otherwise, even if he starts working you can't expect back child support. You will also have the option of having the police arrest the father as a dead beat dad which forces him to pay money to get out of jail.

 
 

Answer 4/5 - Submitted 2/3/2012

"Unless he is under 18 or going to college full time (until age 24) he cannot be claimed on her taxes as a dependent. "

This is not true.

A person can claim anyone who's lived with them for the entire year, that they've provided more than half their support, who has earned less than $3,700. She can't claim him as a child, which is the assumption you're using, but his mother can certainly claim him as a qualifying relative.

 
 

Answer 5/5 - Submitted 2/18/2012 10:16 AM

Thank you IMHO that is correct, and I have a close relationship to his family and do know this is going on FloridaGAL39. No assumptions here. I do have a court order.. he is behing 100,000.00 ++. I have spent 2500.00 in attorneys fees to try to collect. He goes to court once a month and says he still don't have a job. Ya cause he's selling prescription drugs on the side. No need for a job where his funds can be garnished! This is also not an assumption. I really don't want his mother's money.. I'm just out of options.

 
 
 
 
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