April 4, 2010 — I have been so busy lately that I just have not had time to do much "blogging." But something happened yesterday to a friend of mine that points out the injustice and inequality of some of our laws and legal codes. It has driven me to the title of this blog that Sometimes the Rule of Law Sucks. Now just what do I mean here.
My friend received a letter from our friends at the Internal Revenue Service informing him that he and his wife's joint 2009 tax refund was being tagged by the State of Texas Attorney General Office for payment on back child support owed by the wife in a previous marriage. My friend had known that this was a distinct possibility and had taken the steps to file the appropriate IRS Form "Umpty Squat" titled Injured Spouse. He knew, as the IRS advised, that the filing of the form would delay he and his wife's return by some 8-11 weeks. They waited patiently knowing full well that the IRS would adjudicate the matter in accordance with the laws of the State of Texas. Boy are they getting screwed!
No one is beyond the letter of the law (do you hear that those of you in Congress?)...oh I digress...so back on topic! The wife was wrong in falling behind in child support and had signed an agreement drawn up in 2005 by her former spouse wherein she acknowledged a child support payment of so much a month. However, her former spouse never filed the agreement with the court until 2009 and then went to the State AGs Office and filed a complaint for lack of payment. All of this allegedly legal within the laws of the state. But why did the former spouse wait to file with the court? Prior to April 5th 2008, the former spouse knew my friends wife had little means of supporting herself as she was going through some difficult personal issues which she got through with flying colors and then she married my friend on the above date. This apparently woke up her former spouse who knew that my friend worked a good job and decided in 2009 to pursue the back support. Again, all allegedly perfectly legal...but it smells really, really bad!
I will inject here that my friends wife is an excellent mother to her three children. I know this because I observe it daily and I have good reference and that is my own wonderful Mom. Her husband, my friend, is good to all three kids and has never argued why he has to help support them. He is there for those kids!
So what sucks here. Why is the State of Texas grabbing my friends income or more correctly his portion of the tax return refund to pay towards this debt? How does the state figure that is right and just. Please remember that all of this situation occurred outside their marriage except when (2009) the former spouse filed with the State Ags Office for back support. It apparently is because the State of Texas is a community property state...such nonsense! Community property has its place in Family Law...but in my uneducated opinion...not here. I am not a lawyer versed in any law much less Texas Family Law, but this just does not make good common sense...in fact it SUCKS! We are not talking about a small amount of money here folks. These kids were counting on this large refund knowing it was going to reduced by some amount because the wife did have income in 2009 that she alone earned. They were counting on it to support their growing family and to use for the child that is a part of this mess. They do not separate their children...they view and treat them all equally and as theirs!
It took me awhile to settle my friend down and help his wife through her well deserved cry over this. It was my advice that they should do as the letter they received from the IRS suggest...contact the Texas AG Office for help and explanation and what, if any, recourse they might have. They cannot afford an attorney...that is well beyond their means. But I advised that if they take immediate action and stay within the law that they might come to a better conclusion. I will help them do that...not because I think I am smarter that anybody else, but because they need my help.
In the meantime, how the IRS reached this decision and how the matter was interpreted needs to be examined, explained, and brought in-line with reality....it's what really matters!
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Very well written and I am in total agreement with you, Terry. This majorly sucks and should not be happening. There has to be a more sensible remedy. Totally unfair!
ReplyDeleteReminds me of a letter I got from Texas Workforce Commission a couple of months ago. It seems that the 3 weeks of unemployment benefits I received 20 (yes, 20) years ago, they want back. They want me to return the $1500 in benefits that they awarded me when I was pregnant with Marshall. The jerk of an employer fired me when I was six months pregnant and would not accept a demotion during the remaining term of my pregnancy. The only time in my life that I EVER received any kind of government assistance because I immediately found work and have worked ever since. NOW, I find out that the employer later contested and the Workforce Commission revoked my benefits, without my knowledge. I get this letter explaining that I must immediately pay it back. They say there is no "statute of limitation" because they are the government, yet they cannot provide any documentation to support their demand. They can actually sue me if I don't pay up.
I know a lady that lost her job a year ago and has not made any effort to find a job - she doesn't want to go back to work - she admits it. She has over $9000 in her account. The government now issues a debit card to people receiving benefits. They don't even have to hassle with depositing a check anymore. They just use the debit card for their purchases, which she only uses "when they want to go out to eat". She is building a nice little nest egg off of her unemployment benefits because her husband makes plenty of money to support them. She has received over $9000 in one year and doesn't need it to survive. Chew on that!