California Family Law Attorney
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April 06, 2010
  DCSS INTERCEPTED my TAX REFUND with my new Husband.
Posted By Thurman Arnold

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?

K. Santa Clarita, CA


A. You might.

This tax 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).


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