Are Federal Tax Refunds Subject to Support?

[ProPerDoper]

What is the name of your state? California

If I receive a Federal Tax Refund, is it subject to payment of child support?

I have a child support modification hearing on calendar brought by my ex. Although I have 67% primary physical custody of our kids, I pay support due to higher income.

I expect a tax refund this year. Is it subject to inclusion in gross income available for support?

Although it is not listed specifically under Family Code 4058: (a) The annual gross income of each parent means income from
whatever source derived, except as specified in subdivision (c) and
includes, but is not limited to, the following:
(1) Income such as commissions, salaries, royalties, wages,
bonuses, rents, dividends, pensions, interest, trust income,
annuities, workers' compensation benefits, unemployment insurance
benefits, disability insurance benefits, social security benefits,
and spousal support actually received from a person not a party to
the proceeding to establish a child support order under this article.

My position is that I paid support on any tax refunds that I receive when It was paid to me as W2 income. To subject tax refunds to support is in effect double dipping.

Can anyone with a correct legal position set me straight please?

 

[garrula lingua]

Your salary/income was already considered in calculating the child support (see Dissomaster software). A federal tax refund is simply overpayment of taxes on the wages.

The only connection a federal tax refund has to child support is: the federal government will/should intercept tax refunds to persons who are in arrears in payment of child support; they will forward those monies to the payee parent.

 

[Perky]

I don't disagree, but (if memory serves) I received a share of my ex's refund every year. In Illinois, the support is based on net income, so if he overpaid in taxes throughout the year, then that decreased the support throughout the year as well. I think California is calculated on net income too.

Maybe my ex was just generous. I can't remember if the divorce decree required it, and I'm too lazy to dig it out and look.

Oops... I just reread the code he quoted. Looks like California is based on gross income, so apples to oranges.

 

[stealth2]

However, if there are arrears owed, the refund can be seized to be applied to the arrearage.

 

[ProPerDoper]

Your salary/income was already considered in calculating the child support (see Dissomaster software). A federal tax refund is simply overpayment of taxes on the wages.

The only connection a federal tax refund has to child support is: the federal government will/should intercept tax refunds to persons who are in arrears in payment of child support; they will forward those monies to the payee parent.

My position exactly. I have the DissoMaster program. Where within the program should I see?

I'd like clear, undisputed confirmation of my position with evidence, if possible.

Thanks for the replies!

 

[garrula lingua]

I don't disagree, but (if memory serves) I received a share of my ex's refund every year. In Illinois, the support is based on net income, so if he overpaid in taxes throughout the year, then that decreased the support throughout the year as well. I think California is calculated on net income too.

Maybe my ex was just generous. I can't remember if the divorce decree required it, and I'm too lazy to dig it out and look.
Oops... I just reread the code he quoted. Looks like California is based on gross income, so apples to oranges.

See the Family Code of California. The Code is specific in describing the mathematical calculation of child support (instead of just keying into Dissomaster).
I''d give you the cite, but I'm too lazy to dig it out and look.

 

[ProPerDoper]

See the Family Code of California. The Code is specific in describing the mathematical calculation of child support (instead of just keying into Dissomaster).
I''d give you the cite, but I'm too lazy to dig it out and look.

I'll dig into the matter more. I recall seeing this portion of the code many times, but never considered it in this light.

More research to be done....

 

[onebreath]

From my experience your tax returns are not subject for review by child support services unless they were specifically requested by your ex. She would have needed to request this by a specific period of time prior to the court date. If she had not done so, then I wouldn't worry about it, or if you are, call the child support worker and ask.