Legal Question in Family Law in California

My husband just served me with divorce papers weeks ago. We both moved out of our house a week later. He is making an offer of X$ for temporary spousal support. But before I agree to that I realized he just received this week a very substantial tax refund for year 2013. The Federal return was filed jointly. He has sent me a courtesy 25% of that check amount and it appears he spent the rest. My understanding is that I am entitled to 50% of the refund, and he has violated the terms of the suit by apportioning assets (tax refund) to himself without my permission.

Did he take money that was not his? Do I have the right to demand 50% of the tax return?


Asked on 3/04/14, 9:50 pm

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

More information is needed to properly fill out the circumstances behind your question. Typically a community property tax return is divided equally.

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Answered on 3/05/14, 7:11 am


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