My ex was court ordered to give me any tax refunds he receives as he has been behind in the past in child support and owes me over $30,000. Last year he was to receive a federal refund of approx $800. He never actually received it because the feds took it to repay student loans he never paid back. Does he still owe me the $800? I look at it as he received the $800 and it was then used to pay the loans (though he never had the refund in hand and had no choice in the matter). Am I entitled to get $800 from him or am I out of luck and he does not owe me this?
Answer
Sound to me like he owes you the money. Afterall the $800.00 is being credited to his debt so he is receiving the benefit of the money. You're getting nothing. Bottom line, he needs to pay you $800.00.
Answer
If the order is written to say that all tax refunds are to be paid to you, then yes your ex-husband owes you the $800 to pay down his debt. your ex-husband received a refund of $800. the mere fact that the department of education took it does not mean he did not get the refund--it just mean he did not have it in his hands, but he got the refund and the use of the $800.
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