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  #1  
Old 04-08-2019, 07:28 PM
Remorseful900 Remorseful900 is offline
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Default Restitution payment: spousal income/assets in repayment plan?

Does the court, PO, or any party factor in the spousal income/assets in repayment/ monthly plan for restitution
Also what if there is a civil fine from another government agency say the SEC
Do they factor in just your income or both yours and spouse
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  #2  
Old 04-21-2019, 05:36 PM
ttexrbomb ttexrbomb is offline
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They will take your spouses income into consideration. I know it doesnít sound fair, but they do it. I did not give the PO my spouses income, but then again shortly thereafter I got a loan and paid off the restitution (it was $78,000). So I donít think it was as big of an issue that I didnít provide it in that no payments were due.

The PO will in all likelihood encourage you (or push you) to pay more than the minimum they set. Remember this, the payment they give you is the minimum...and if you appear to be having fun, they can increase your payment. Mine tried to before mine was paid off. I wanted to take a trip. She agreed to let me if I increased my monthly payment.

The POís can be and will be manipulative.
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Old 04-22-2019, 07:56 AM
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For people who live in "community property" States ( Louisiana, Arizona, California, Texas, Washington, Idaho, Nevada, New Mexico, and Wisconsin) one half of your spouse's income is yours.
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Old 04-22-2019, 08:18 AM
Remorseful900 Remorseful900 is offline
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So in non community property states the spouse is not responsible for any restitution if they did not commit the crimes correct?
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Old 04-22-2019, 11:37 AM
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Legally that is correct, but POs seemingly do whatever they want to do when computing "payment schedules", often by claiming that things like water and food, etc (a bit of an exaggeration, but you get the idea) are luxuries.
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Old 04-26-2019, 08:59 PM
edb00 edb00 is offline
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Not that this applies to your situation, but as an fyi, for the past two years I have filed "married filing jointly" on my tax returns for financial aid reasons for my soon to be college age kids. The first year they took the refund I was owed for his restitution, but told me to file form 8379 to get my money back which I did. This past year I filed the 8379 with my return and received my refund no problem.
Can a PO really attack my income for his debt? I would really question the legality of that if the IRS won't touch it!
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Old 04-26-2019, 09:06 PM
ttexrbomb ttexrbomb is offline
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Quote:
Originally Posted by edb00 View Post
Not that this applies to your situation, but as an fyi, for the past two years I have filed "married filing jointly" on my tax returns for financial aid reasons for my soon to be college age kids. The first year they took the refund I was owed for his restitution, but told me to file form 8379 to get my money back which I did. This past year I filed the 8379 with my return and received my refund no problem.

Can a PO really attack my income for his debt? I would really question the legality of that if the IRS won't touch it!


What they can do and what they actually do are two different things. If they think you are being elusive, they can come up with creative ways to mess with you.

One idea and what I did was this. I filed our taxes, but took no deductions. Got my tax bill to about $50 each year. Then, once I was off paper (and restitution paid off), I amended my return to take the rightful deductions. The IRS adjusted and since there was no money owed, I got a full refund and my wife did too (we filed separately) for 3 years worth of taxes - about $25k. So if you donít want them touching your spouses, maybe do that. Take no deductions until youíre off paper.
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Old 04-26-2019, 09:21 PM
edb00 edb00 is offline
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I should clarify that my husband is still in, so the returns I filed were for income that was only mine. Sorry for any confusion!
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Old 04-27-2019, 03:56 PM
bellisq bellisq is offline
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You must show all income when you are completing PSR questionnaire. However, after sentencing, your spouse is under no obligation to provide any financial information nor should they.They will have you fill out a new financial form when you go on Supervised Release, and hopefully you will be allwed a living wage. If the monthly restitution amount is undoable, you can ask for a reduction and if the PO is not helpful, you can go back to the judge. Many people finish supervised release owing money and that requires a new negotiation and a new payment plan.
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Old 04-28-2019, 07:26 AM
rockchalk1 rockchalk1 is offline
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The FLU (Federal Litigation Unit) has a further reach that the IRS so yes they will take your refund and any other asset they can get their hands on of yours. They cannot take your spouse's money, however, if you lie about what your spouse has, then the judge can assess a great fine to you. Not because your spouse has assets, but because you are not being truthful. My husband and I went through this. His case was his issue and didn't involve me or my assets. I wasn't married to him when his incident occurred, but was married by the time he was indicted and went through the gambit of everything else. Funny, his ex-wife who got the bulk of their assets, retirement accounts, etc. wasn't looked at for anything. Anyway, it wasn't that they could get anything of mine in his civil case or restitution, but it was required to report it. So we did. It was not a big deal. It was not mentioned or used in any way against him. It wasn't stated that because he lives in my house valued at $x that money could be used to pay his restitution. They just want the facts. So don't worry about reporting that.

As for the IRS, you should always make sure you owe them money as opposed to them owing you in this scenario because if you have any restitution or fine, that is the first place they will take the money from. You'd rather owe some minor penalty/fine for understimating what you owe them than to pay overpay estimates. My husband and I file separately mainly because of his ex wife, but also because there are still some outstanding issues in his case and it's just easier. Even filing separately though, he still had to report my information.

Now that my husband is on Supervised release, the form to fill out is all online. They no longer use the paper forms. There is a website and you enter your information and you only edit what has changed each month. His monthly salary is there, monthly expenses, and the main question is if he has spent more than $500 on any one item. Sort of a dumb question because it's not that unlikely that someone might spend $500 on one thing - medical expense, plane ticket, car payment etc. But we try to avoid him spending $500 so he doesn't have to fill that out. Just makes it easier.

The one question related to me is that he has to list the accounts and the balances of those accounts if he gets an benefit from them. It doesn't ask for any specific documentation, just to list the accounts. No big deal, and the good news is that it doesn't ask for every account of mine, only ones he may benefit from, which in our case, isn't much because I don't comingle many things. So, there is a way to not have to report your spouse's stuff in the future. She can have an account that she uses only for her benefit (or kids) and not yours.

The annoying thing is it asks how much you spend on ultilities and such. Technically my husband doesn't spend anything on utilites because I own the house. If he paid the utilities then legally that is considered part of rental income and I would have to declare taxes on it. I know, it makes no sense since we're married, but we of course use his income to live off of, so as long as he has to fill out this supervised release form (fortunately only for 5 months since his PO didn't have him do it for the first month) we're going strictly by the book and keeping track of everything...he mainly has medical expenses and loans he is paying back so that is essentially where all his income is going as far as the stupid form. His restitution is paid off via a loan. That is the biggest headache off our backs and for anyone who can pay it they should.

The one thing driving me nuts..the paper form of the supervised release form had a spelling error. You would think the electric version (not the same form) would as well and I saw the same spelling error...I guess I should not be surprised that our government is filled with morons. Worse, how someone who designed a web page can't correct spell the word dependent correct!!!! UGH!!!!!!!!!!!!!!!!! Pathetic.
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Old 04-28-2019, 11:44 AM
Remorseful900 Remorseful900 is offline
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So the $500 question on spending on one item does not apply to the spouse correct?

What if the person just paid a bill (loan, or if he paid the rent/mortgage) that was more than $500

Do you need to report that under the one item for $500

I don’t understand why would paying utilities when your married be rental income?
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Old 04-28-2019, 12:09 PM
rockchalk1 rockchalk1 is offline
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Quote:
Originally Posted by Remorseful900 View Post
So the $500 question on spending on one item does not apply to the spouse correct?

What if the person just paid a bill (loan, or if he paid the rent/mortgage) that was more than $500

Do you need to report that under the one item for $500

I donít understand why would paying utilities when your married be rental income?
Honestly if you havenít even been sentences yet, I wouldnít worry about the supervised release information. It changes and it even changed during the time my husband was sentenced. But if you want to do some reading here is the Nov 2016 info on it https://www.uscourts.gov/sites/defau...nditions_0.pdf .

Also the reason utilities are considered income to me is because I own the house, he does not. So itís like he is considered a tenant. Same reason he canít pay the property taxes and take the tax deduction since we file married separately.

And no he does not have to report every time I pay $500 for something but he does have to report the balances in my account but not the source of my income. I will look up the specific wording of the $500 question when I have a chance later but I do think it is any expense.
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