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May 5, 2020
Question

Divorced for 2 years. Ex spouse says she is due half of my tax refund as our agreement states she get 50% of all income. We do not live in community state. I disagree

  • May 5, 2020
  • 3 replies
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3 replies

macuser_22
Employee
May 5, 2020

That is a legal question that you need to ask your divorce attorney.    Nobody here knows what is in your divorce decree or agreements.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
Employee
May 5, 2020

You do not have a tax question.  You have a legal question to ask your divorce attorney.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
May 5, 2020

We cannot assist you on this forum as this is something that you both would have written out somewhere.

 

If you have a specific tax question, please comment.

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Hal_Al
Employee
May 5, 2020

As others have said, this is not a legal forum, and I'm not a lawyer.

That said, a federal tax refund  does not meet the IRS definition of "income", for tax reporting purposes.

 

Normally, a refund is just a return of your withholding. That's not income. It's only part of income  you've already declared.

 

However, the great American tax system is so convoluted that a judge might well consider refundable tax credits as income for purposes of a divorce decree requiring income sharing.