Legal Question in Family Law in Pennsylvania
Interception of Income Tax
My spouse has a child born from an affair, he pays child support for this child faithfully and has arrears due to the mother filing a petition to increase support and not getting a court date for several months. We recently received a letter stating, he is in arrears and his income tax may be taking from him, the letter stated that I may be entiled to half of my return.....i should be entiled to all, this is not my responsibility, can the court order me to pay for a child that is not mine. I am the inoccent one here.
1 Answer from Attorneys
Re: Interception of Income Tax
The Domestic RElations Office considers the tax return to belong to each spouse in separate shares. As a result, they will intercept the return and keep 1/2 against arrears. I am not sure there is anything you can do to stop this.