Child Support Compliance Issues

Ask Your Question For Free

Summary

You are dealing with a complex child support case involving compliance issues and conflicting advice from a judge and the IRS. To address the non-custodial parents failure to follow a court order, you may need to file a Motion for Contempt or Motion to Enforce. A Motion for Contempt can result in fines or jail time, while a Motion to Enforce focuses on compliance. Regarding the judges order to provide your daughters IP PIN, the IRSs advice takes precedence over the courts order. However, ignoring a court order can have consequences. Consulting a specialized attorney is crucial to navigate these conflicting jurisdictions and protect your childs welfare.

Full Conversation

So for example there is an ongoing child support case between me the custodial parent and a non-custodial parent Naser in Chicago Illinois as we had a in person pre-trial on June *, * for where the judge ordered both of us to apply to the parent plus loans for a twin sons college tuition and fees which the judge said within seven days it is now eight days and he has not created a fafsa Account in order to apply to the parent plus loans for our twin sons I contacted his attorney through email three times and received no reply I contacted the non-custodial parent through the talking parent app three times no response so if I want to take him back to court right now what type of motion should I file
You would likely need to file a "Motion for Contempt" or "Motion to Enforce" in the same court where your child support order was established. This is because the non-custodial parent has failed to follow the judge's order. Consult a local attorney for precise guidance.
And what is the difference between motion to contempt motion to enforce
A "Motion for Contempt" is filed when one party has violated a court order. It can result in fines or jail time for the violator.
A "Motion to Enforce," however, is filed to make someone comply with a court order without the punitive aspects of contempt. It's more about ensuring compliance.
And I also want to know if this child support judge ordered me to provide my daughters ip pin to the noncustodial parents knowing that the children do not live with him he has not seen the children in three years he does not provide for the children’s well-being or school fees but she is ordering me to provide him with my daughters identity protection pin so that he may claim her on his taxes to which I reported the non-custodial parent to the IRS which the IRS advised me not to provide my daughters identity protection pin to the noncustodial parent when the judge ordered me on June *, * at the pretrial to provide the non-custodial parent with a pen and also threatened to hold me in contempt if I do not provide him my daughters identity protection pin when the IRS advised me not to I don’t believe that a child support judge Can override the IRS decision as the IRS has the last and final say when it comes to Texas
This is a complex situation. The judge's order and the IRS advice seem conflicting. It's crucial to consult an attorney. They can help you navigate this situation and possibly file a motion to reconsider the judge's order. It's crucial not to violate court orders.
I don’t wanna file any motions I just wanna know If this child support judge can over rule or override the IRS’s decision
The child support judge cannot override the IRS's decision. However, they have the authority to enforce court orders. It's best to consult with a legal professional to understand how these jurisdictions interact in your case.
I understand that when I spoke to the IRS they were kind of surprised that the child support charge who is supposed to be prioritizing the children’s well-being ordered me to provide the non-custodial parent with my daughters identification pin which only allows the non-custodial parent to benefit at my daughters welfare so the IRS advised me not to give the non-custodial parent my daughters identification pin despite the judge ordering me to and threatening me with contempt of court which would mean since I provided a copy of the 3949A form to this judge that I did in fact report the non-custodial parent and that they advised me not to give him my daughters identification pin I think at that point this judge Knows that she cannot hold me in contempt since the IRS is advising me not to give him the pin number
This situation is delicate as it involves conflicting advice from the court and the IRS. You could consider:
- Discussing this matter with a specialized attorney.
- Possibly seeking advice from the IRS on how to handle this situation.
Remember, legal advice can differ based on jurisdiction, so it's beneficial to consult local experts.
I just want to know if this judge kind of understood that she cannot order me or hold me in contempt since the IRS clearly stated not to provide my daughters identification pin to the non-custodial parent because tax evasion and tax fraud or federal
The judge has the authority to enforce court orders. However, this situation involving conflicting advice from the judge and the IRS is complex. A legal professional could help clarify the legal implications and possible courses of action.
I believe since I provided documents to the judge that I did report the non-custodial parent for tax evasion and tax fraud to the IRS and they advised me not to give him the pin number I don’t really think this judge can you really order me or hold me in contempt as the IRS has the final say when it comes to taxes not the child support judge And in reality a child support a judge is actually supposed to be making rules and decisions based on the children’s welfare and well-being nothing noncustodial parents
You're in a complex situation, Alisa. While judges enforce court orders, they can't override IRS decisions. However, ignoring a court order can have consequences. Consult with a legal professional to clarify these conflicting jurisdictions in your case.
I also made this judge aware that I will not be providing my daughters pin number to the non-custodial parent as the IRS has advised me not to because it would only benefit the non-custodial parent at the expense and welfare of my daughter so in my opinion I think that the judge understood that she kind of made a wrong decision by ordering me to provide him with a pin when the IRS said not to she would be giving him a chance to benefit himself at the welfare of my daughter when she is supposed to be prioritizing the welfare of my daughter I think that was clear
Alisa, your situation is indeed complex. It's crucial to seek advice from a professional attorney who can guide you through these conflicting instructions from the court and the IRS. It's important to both follow the court's orders and protect your child's welfare.