How to split tax refund?

What is the name of your state? CA

I was legally separated in 2001. The child support and alimony was adjuticated in 2002, but I agreed to hold off on finalizing the dissolution so my ex could stay on the health insurance.

The dissolution was finalized in 2003 because I wanted to re-marry (which I did in 2003).

My ex and I filed the tax return for 2002 quite late. The accountant recommended that we file jointly as there would be a large savings, and we just now received the refund, over $3000.

The refund check is, of course, payable to me "AND" my ex.

I don't feel that I should split it equally with her. I paid her everything I owed her in child support and alimony in 2002. Her contribution to the 2002 income was much less than mine.

Do I have any legal basis for insisting that we split the return in proportion to our contribution to the income for 2002?

Thanks.

[I AM ALWAYS LIABLE]

My response:

The normal rule is that the refund will be allocated as if the parties had filed separately. Thus, under California law, if all of the income was community income, the refund would be divided equally.

IAAL

In this case we were legally separated for the entire tax year, so I understand it wasn't community income.

I could ask the accountant to calculate what we would have paid had we filed separately. Do we take that ratio and apply that ratio to divide the refund?

Thanks!
Joe

Just split the $ in hafe and mail it to me (no mail it to her) at lease you did not have to pay