Legal Question in Family Law in California
Dividing Tax Refunds, Children, & Divorce Process
I'm in the middle of the divorce process. I'm the primay
care giver of our two children. They live fulltime with
me. Their dad sees them at most 4 hrs./week, weekly if
his job permits. I'm paying for 99% of the children's
needs. BTW, we do receive spousal and child support
(temp. orders) at this time.
Regarding the taxes, we are due two tax refunds: the
state and the IRS. Do I divided the refunds equally
between ONLY my husband and me (50-50), or does
the refund sharing need to reflect and account for my
care of the children (as described above), meaning I
would get a little more than just half of the refund? If so,
what would the percentage be for calculations (eg.,
55-45, etc.)? If not, why? Is a refund considered
community property that is ONLY property between the
husband and the wife, no consideration for the
children? What does the CA law say on this matter?
2 Answers from Attorneys
Re: Dividing Tax Refunds, Children, & Divorce Process
You get to claim the children as exemptions on your tax return, the father does not. If you filed a joint return, then you have to split the refund beause the refund is communtity property. If you filed separately, then you get your exemptions. You cannot just wait until it is time to get your refund and then say, "Well, I really meant to file another way." This will be a moot point from now on as you will now file separately.
Re: Dividing Tax Refunds, Children, & Divorce Process
The refund could be part community property and part separate property, depending upon when you separtated. You should file a motion for child support and hold the refund checks until that issue is decided. Probably the refunds will go to you to help him pay for his child support obligation. Good Luck, Pat McCrary
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