can my local child support agency use my spousal support to pay child support for the non custodial parent?
they did it a couple of years ago only for 3 months then stopped.
And put it under the child support owed instead of the spousal support history where it belongs and the spousal support was a court order in my divorce
- 1 decade agoFavorite Answer
no, the two are different issues altogether, although really the question is confusing. Is the NCP the one receiving the spousal support or the CP? Or do they go two ways.
This is something you need to check into with both CSE and the IRS. Why? Because under IRS rules, spousal support is considered income for the receiving parent, and can be deducted from the taxes of the paying parent. Child support, on the other hand is not (arguably on the fact that the money really isn't going outside of the household). If the CSE is messing with this, they need to get with the IRS to make sure somebody doesn't end up on the wrong end of an audit (but of course, that's stupid me, assuming the CSE wants to HELP people)
CS will typically go after several areas: tax refunds, lottery, etc. I've never heard of court ordered settlements or rulings being figured in.
- AnnieDLv 41 decade ago
No, they can't use spousal support to pay child support to the non-custodial parent! Make sure they have a copy of the court order in their files.
- ferrieLv 44 years ago
both mother and father, custodial and non-custodial, ought to pay toddler help. the quantity each and each owes is determined with the help of regulation, taking into interest each and each parent's income and likewise who has custody. The spouse isn't to blame for the husband's help funds. besides the indisputable fact that, as a pragmatic count number, if the spouse has custody and the daddy isn't paying his percentage, she would ought to make it as a lot as a pair quantity, because she will be able to not choose the toddler's residing circumstances to visit pot to the point the position the toddler turns into legally "omitted". If the mummy, for causes previous her administration, won't be able to preserve the toddler she would lose it to the state.
- here to helpLv 41 decade ago
no they cant, they are two separate things.but it wont get fixed unless you demand them to do so. call and ask to speak with a supervisor. i know at times it can be very frustrating,but if you want to get this resolved you have to keep calling. you may even have to go there with the paper work. keep on them, sooner or later they will get sick of you calling and take care of it.trust me i have gone through this and i called every day until i spoke with someone that would listen and take care of it. good luck!!
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- tjnw79Lv 41 decade ago
just call them up and say hey this is wrong and I need someone with brains to fix it.