Asked 5/4/2010
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Tax Refund Question for Custodial Parent in MS Does anyone know if the custodial parent in a divorce is awarded any part of the non-custodial parent's state tax refund? We have court ordered child support which comes to us through DHS in the form of wage garnishment. The only reason I ask is that we did receive this the previous year and I just wondered if it was customary or a one time thing... |
Answer 1/2 - Submitted 5/4/2010
The court does not stipulate that the non-custodial parnt has to giv the custodial parent half of his incometax return, if you got any of his tax return last year then he would of had to be in back erarages in his child support, when the non-custodial parent gets behind in his child support then the state can file a form with the IRS and get that parents income tax return, if the non-custodial parent still has back erarages then you will get his-her tax refund next yaer as well.
Answer 2/2 - Submitted 5/4/2010
The only reason you would have received a part of his tax return in a prior year is if the NCP owed past due support at that time.
If there is no arrears, you aren't entitled to any of the NCP's tax refund. If there still is an arrears, but the NCP changed their withholding to be sure no refund was due this year, you are simply out of luck in getting another tax refund to cover it.
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