Legal Question in Family Law in California
Taxes/1099
I am collecting Child Support arrears from my x-husbands Pension Plan. Beings he was eligible at the age of fifty to retire, but didn't choose to do so, a QDRO Lean had to be obtained, and then presented to the Judge for approval, in order to collect any monies owed from his Pension. For every year that I have been receiving a monthly check (from X's Pension Plan), I have also received a 1099, which in turn, of course, was sent to the IRS. So now, me knowing that Child Support is not taxable in the state of California, I haven't claimed any of the 1099's on my taxes. I, just this year, received a bill from the IRS stating that I owe them thirteen hundred and some dollars. When I contacted the Pension Plan, they said that my Attorney stated in my paper work that for every year that I collect this money I am to pay taxes on the whole amount, when again, it's ''CHILD SUPPORT'', weather it is arrears or not. It's still ''CHILD SUPPORT'', and again, not taxable in the state of CA. First of all, why would any attorney go along with anything other than the law. Please help if you can on where I should go from here. I finally find help with collecting what is owed to me, & now I pay taxes too?? Please Help!!
1 Answer from Attorneys
Re: Taxes/1099
Contact an attorney with tax experience. Have a copy of the child support order, and the attachment for the retirement income.