Child Support and Income Taxes
My fiance' and his ex-wife have it stated in their divorce agreement that child support would not be collected from either party and that support was mutual. He lives in Louisiana and she lives in Pennsylvania. A little over a year ago, she applied for and began receiving welfare benefits, and now the state of Pennsylvania has seized my fiance's income taxes as payment of child support. Are they allowed to do this even though a judgement was made against child support?
Re: Child Support and Income Taxes
Dear LawGuru Friend,
Based on what you post here in your question, it seems to me that the State of Pennsylvania is wrong in seizing your fiance's income tax return. Where is the "due process" of law? The Fifth and Fourteenth Amendments to the U.S. Constitution provide that property shall not be taken from a citizen without "due process of law." Due proces of law includes notice and a hearing. At this hearing your finace would be able to assert the prior judgment in defense of the state's claim. Otherwise, what good is a judgment? Of course, this is just my first opinion without knowing all the facts. I suggest that your spouse contact the State of Pennsylvania and ask for a refund. He can send them a certified copy of the Judgment, to which they are to give "full faith and credit," according to the U.S. Constitution. They can't just ignore the legally obtained judgment of another state. When he writes them asking for a refund and for an explanation of their right to take his income tax refund check, he should gently threaten suit against the State of Pennsylvania in Louisiana, for here is where the damage for wrongful seizure happened; and this gives the Louisiana courts jurisdiction of the suit for damages for wrongful seizure. There is more to it all than this, but this is something to think about. Good luck to both of you!
Sincerely,
Hardy Parkerson Atty.
Lake Charles, LA
