Joint tax refunds and Sapport payments

[camill1]

What is the name of your state? California

My divorce was final in Jan. of this year. My ex-husband and I filed a joint tax return and
we agreed that it would be split 50/50, as would the cost of preparing it be split between us. My x is ordered to pay both child and spousal sapport. The tax refund we split as community property can not be considered as a sapport payment can it?

[Bali Hai]

Originally Posted by camill1

What is the name of your state? California

My divorce was final in Jan. of this year. My ex-husband and I filed a joint tax return and
we agreed that it would be split 50/50, as would the cost of preparing it be split between us. My x is ordered to pay both child and spousal sapport. The tax refund we split as community property can not be considered as a sapport payment can it?

Sure it can if you agree to it.

My guess is that you didn't work enough or at all during the marriage and that's why you were awarded spousal support.

If this is the case, why do you feel you are entitled to half the tax refund that you didn't contribute to?

If your ex-husband had less tax money taken out of his paycheck during the year as he should in an effort to break even, this wouldn't be an issue.

[camill1]

The tax refund issue was considered community property at the time the marritial settlement agreement was written,and was divided in the settlement agreement . There
was no mention of it being recieved as a sapport payment. I was forced to take custody of
of our two children and the house due to my ex's habitual drinking and was told if I did not I would be charged with child endangerment. However,my attorney gave him all of the money(10 thousand dollar CD) allowed him to commit financial misconduct when he lied about money attached to our life Ins. he had already cashed in on one day earlier but said there were no accounts at all attached to, not to mention he has a 22 dollar an hour paying job, and I am unable to work due to the age of my kids. I am not able to be reliable
or dependable due to the fact I have no family or anyone to call if a child is sick or has Dr. and Dentist appointments.etc It is me against the world,so to speak. My spousal sapport payment I never actually see because it pays the mortgae payment that is in HIS name only and he gets the credit for paying,and it is an automatic withdrawl from his checking account.I would get 651.00 the payment is 541.oo. He also gets to take advantage of the tax benefiits for both.

[Country Living]

Originally Posted by camill1

I was forced to take custody of of our two children...

I hope your children will never know their care and custody was forced on you.

Originally Posted by camill1

...I am unable to work due to the age of my kids. I am not able to be reliable or dependable due to the fact I have no family or anyone to call if a child is sick or has Dr. and Dentist appointments.etc

As for your being unable to work because you have children - pardon my bluntness, but that's crap. A lot of us have been single parents with young children and we did just fine. My daughter was three when I left her father. I had no family nearby. I worked full time and went to college year around until I got an undergraduate then a graduate degree. I never considered my daughter a burden nor did I consider my working to support us to be an inconvenience.

You're setting a very poor example for your children.

[ceara19]

OK, I can't STAND IT anymore!!!!!!!!! It is NOT a SAPPORT payment, it is SUPPORT!!! You have misspelled it SIX times and the correct spelling is in the title of the forum listing!

[Bali Hai]

Originally Posted by ceara19

OK, I can't STAND IT anymore!!!!!!!!! It is NOT a SAPPORT payment, it is SUPPORT!!! You have misspelled it SIX times and the correct spelling is in the title of the forum listing!

ROTFLMAO!!

[Country Living]

Originally Posted by camill1

My spousal sapport payment I never actually see because it pays the mortgae payment that is in HIS name only and he gets the credit for paying,and it is an automatic withdrawl from his checking account.I would get 651.00 the payment is 541.oo. He also gets to take advantage of the tax benefiits for both.

Maybe your history with money managment leaves a lot to be desired and he wants to make sure the mortgage is paid so his children will have a roof over their heads and his credit remains intact.

Somehow you think this is all about you.

[Country Living]

I think she came here looking for sympathy. She didn't get any and now she's gone. I wonder if she learned anything (besides how to spell )?

[ceara19]

Originally Posted by Country Living

I think she came here looking for sympathy. She didn't get any and now she's gone. I wonder if she learned anything (besides how to spell )?

The spelling lesson isn't really useful information for the OP, but I just couldn't take it anymore! She misspelled it SIX times in a row and the proper spelling was staring her right in the face. It also bothers me when some one uses "statue of limitations" instead of "STATUTE of limitations". It makes it sound like the statue of liberty's sister monument. I think I might have a little touch of OCD over it.

[Country Living]

I appreciate your taking on the spelling issue - that was a great post.

She pushed too many buttons with me on her entitlement attitude. She is an under-educated whine-a-lot who procreated then demanded she be supported instead of improving herself and becoming an asset to family and society.

I feel sorry for the children. I hope their father gets his life back on track and seeks custody (I do not give her alcoholic statement much credibility.) Children should not be living with someone who considers them a burden.

The tax refund we split as community property can not be considered as a sapport payment can it?

Originally Posted by Bali Hai

Sure it can if you agree to it.

My guess ... you didn't work enough at all.

... why do you feel you are entitled to half the tax refund that you didn't contribute to?

If your ex-husband had less tax money taken out of his paycheck during the year as he should in an effort to break even, this wouldn't be an issue.

Is your response/advice to original question based on your knowledge of Internal Revenue Codes or the alimony & property division? It is my understanding they are two separate judgements.

Originally Posted by ceara19

The spelling lesson isn't really useful information for the OP, but I just couldn't take it anymore! She misspelled it SIX times in a row and the proper spelling was staring her right in the face. It also bothers me when some one uses "statue of limitations" instead of "STAUTE of limitations". It makes it sound like the statue of liberty's sister monument. I think I might have a little touch of OCD over it.

I appreciate your taking on the spelling issue - that was a great post.

statute
n. 1. A law enacted by a legislature.
2. A decree or edict, as of a ruler.
3. An established law or rule, as of a corporation.

STAUTE of limitations ???

statute of limitations
n. pl. statutes of limitations
A statute setting a time limit on legal action in certain cases.
stat·ute (stcht)

obsessive compulsive disorder:

[url]http://en.wikipedia.org/wiki/Obsessive-compulsive_disorder[/url]

[tigger22472]

Originally Posted by ceara19

OK, I can't STAND IT anymore!!!!!!!!! It is NOT a SAPPORT payment, it is SUPPORT!!! You have misspelled it SIX times and the correct spelling is in the title of the forum listing!

HEE HEE.. This is too funny because I was skimming this one after the first post to see if anyone said nearly word for word what you said because if they didn't I was going to. It was like nails on a chaulkboard!

[Hypocritical]

Originally Posted by tigger22472

HEE HEE.. This is too funny because I was skimming this one after the first post to see if anyone said nearly word for word what you said because if they didn't I was going to. It was like nails on a chaulkboard!

Now wait – both tigger and ceara have spelling errors in their responses to having issues with spelling errors! I sapport having spellcheck available on internet forums.

[ceara19]

Originally Posted by Hypocritical

Now wait – both tigger and ceara have spelling errors in their responses to having issues with spelling errors! I sapport having spellcheck available on internet forums.

I was pretty sure there were no spelling errors in my post, because I have software that automatically corrects mistakes, but I checked again anyway. Still don't see it.