December 2002 my husband concented to the adoption of his two children from a previous marraige. He was behind on child support and so in turn for his concent the ex-wife deleted his arreages.
We filed a joint federal return in April and it was intercepted by the FOC. My husband went down there in August to find out what was going on (since you can't speak directly with someone at the FOC) the FOC didn't have the paperwork in the system from the deletion of arreages or the adoption. Go figure! So we updated them with our paperwork and we were told to contact the MiSDU since they have our tax refund. The MiSDU told us that they have everything updated and our money was going to disperse to us in 6 months.
Well, 6 months comes and goes. Where is the tax return that we have been waiting for and needing desperately? The MiSDU sent it to the Ex-wife! They admitted that they (the MiSDU & the FOC) made a mistake, but then promptly said, "There isn't much we can do about it, sorry!" "Can't you just get it from the Ex-wife?" They did this even though ALL court orders were in effect.
It appeared that my husband and the ex-wife had a working relationship until she had a change of heart when she saw the check for over $2,000 She refused to return our money to us. She stated that our Chapter 7 Bankruptcy in 2002 almost caused her parents to get divorced and she was going to give over a thousand dollars to her mom. Don't play Robin Hood with our money! She doesn't care that we have 4 children, just recovering from Ch. 7 BK, and so on...
Now, it is to my knowledge that the only recourse we have is to take her to small claims court and ask for the return of our money. Great! She's spent it!
Now, my thinking was why file an injured spouse claim form when the MiSDU is telling me that we are getting all of our money in the magical 6 months. Why raise my hand for half of it when I know that we are intitled to all of it and we were told that it is all coming?
To complicate matters, I've been told that any judge may throw the case out of court since it does involve the Friend of the Court.
What are we to do? Can anyone help us?
Joshua & Elizabeth