Legal Question in Family Law in California

New Spouse Income & Tax Refunds considered?

I just married a man who is medically unable to work due to a seizure disorder 1n 1999. He is in the process of trying to get disability payments. He has been accused of fathering this child 5 years ago with a women. She was on welfare at the time she had this child (he did not know about this child until 2 years ago and does not believe the child is his. When I sent in my income tax this year I filed married filing jointly even though he had no income. I was just informed via mail that both my state and IRS refunds have been confiscated due to money that is owed to the Welfare Administration. Since my husband has absolutely no income and I only make 14.00 per hour can the Government do this legally? Do I have any recourse? This women is now living in Texas and he has never heard anything from her.


Asked on 3/08/00, 5:26 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: New Spouse Income & Tax Refunds considered?

Since you filed jointly there is little that can be done other than to file a paternity determination suit to ascertain whether your husband is the father. If he is not the father he should eventually be able to get the money back.

What has he been doing for the past two years about the child?

Your other recourse is to not file jointly in the future.

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Answered on 3/21/00, 7:44 pm


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