Legal Question in Family Law in California

Injured Spouse income tax laws?
Hello, My question is, My husband has a judgement against him from the State of California, Modesto, from a previous marriage for unpaid child support. He has went to court and the judge ordered him to pay $20.00 dollars a month for the rest of his life here in an Oklahoma court of Law. In which he is making his payments faithfully, Meanwhile every year they take his income tax returns. My question is, I am a student getting my Associates Degree in Applied Science in Graphics technology. During this time, I am a full time student and not working. My husband carries my 2 children by my previous marriage as his dependents on earnings along with a son we have together, since we provide more than half of thier income. Can I apply for injured spouse rights even though, I am not working, but he carries them as dependents on his income? Or is the state of California able to collect all of his earnings on the income tax returns? Puzzled in Oklahoma? Thanks

Asked on 7/02/01, 2:57 pm

Lyle Johnson Bedi and Johnson Attorneys at Law

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Re: Injured Spouse income tax laws?

California can intercept his income tax returns until the full amount of the arrears are collected.

The solution to your problem is to reduce the amount of money withheld from his pay checks. No tax refund means nothing to intercept.

Answered on 9/20/01, 12:45 am

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