Tax Refund Intercept for Support Arrears | Reimbursement From Spouse

Thurman W. Arnold, CFLS

Michael C. Peterson

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225 South Civic Drive Suite 1-3 Palm Springs, CA 92262

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DCSS INTERCEPTED my TAX REFUND with my new Husband.

Q. The district attorney's office intercepted our tax refund to pay past due child support. If we divorce do I get any of this money back?

A. You might.

Thistax refund was community property and although the government in this case had the right to take what was owed from the community, the community has a right to be reimbursed from the spouse who owed the debt if and only if the debtor spouse had separate income available at the time to pay the debt (as it arose) but which was not applied to satisfy the debt. Family Code Section 915(b).

Categories: Child Support, Department of Child Support Services, Enforcement of Support Judgments, Reimbursements, Tax Issues

Posted By Thurman Arnold on April 06, 2010 07:55 am | Permalink

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