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).
