Can I report my daughters father to the IRS for not filing his tax return because he owes me Backpay?

Can I report my daughter father to the IRS for not filing his tax return because he owe me back pay child support and he has never filed his tax return since he has been behind for years?

The short answer is no, you can’t.

How do you know that he never filed? Most deadbeats quickly figure out that if they are not getting a refund there won’t be an offset. It’s perfectly legal to do that and there are no penalties as long as they pay by the filing deadline and owe less than $1,000.

There is a breed of deadbeat who will not file just to avoid the offset of their refund. That’s pretty short sighted as the IRS will keep their money, but it is what it is. If the IRS reckons that he’s due a refund using assumptions most favorable to the IRS they will never pursue him for the technical violation of failing to file a return. There are no penalties for failing to file if you don’t owe anything or are due a refund, and there is a 3 year statute of limitations on claiming refunds.

Your only recourse if you think that he’s not filing to avoid an offset is to go back to court and see if the judge will order him to provide proof of filing of tax returns. Most judges are reticent to do so, since federal Tax Returns are a federal matter that the IRS will investigate if appropriate.

What a judge CAN do if you keep the heat turned up is order wage garnishments, forfeiture of his drivers license and passport, bank account seizures, and even throw him in jail for contempt. That is were you probably should focus your efforts, rather than fussing about a tax refund that may not even exist.

4 thoughts on “Can I report my daughters father to the IRS for not filing his tax return because he owes me Backpay?

  1. sure but not sure what good it will do
    my g’daughter has the same situation
    but eventually the dead beat will get caught and he will not be happy
    References :

  2. The short answer is no, you can’t.

    How do you know that he never filed? Most deadbeats quickly figure out that if they are not getting a refund there won’t be an offset. It’s perfectly legal to do that and there are no penalties as long as they pay by the filing deadline and owe less than $1,000.

    There is a breed of deadbeat who will not file just to avoid the offset of their refund. That’s pretty short sighted as the IRS will keep their money, but it is what it is. If the IRS reckons that he’s due a refund using assumptions most favorable to the IRS they will never pursue him for the technical violation of failing to file a return. There are no penalties for failing to file if you don’t owe anything or are due a refund, and there is a 3 year statute of limitations on claiming refunds.

    Your only recourse if you think that he’s not filing to avoid an offset is to go back to court and see if the judge will order him to provide proof of filing of tax returns. Most judges are reticent to do so, since federal tax returns are a federal matter that the IRS will investigate if appropriate.

    What a judge CAN do if you keep the heat turned up is order wage garnishments, forfeiture of his drivers license and passport, bank account seizures, and even throw him in jail for contempt. That is were you probably should focus your efforts, rather than fussing about a tax refund that may not even exist.
    References :

  3. Sure, but he may have no obligation to file.

    What you ought to do is go back to court and make the court order him to file.
    References :

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