Kankakee, IL asked in Divorce, Family Law and Child Support for Illinois

Q: Can my ex get 20% of my tax refund? They have never asked for it before and now that I'm making less they want 20%.

I've been paying child support for 6 years now. In the past they never calculated in my tax refund as income . Last year I made less money and filed a motion to decrease child support. Her lawyer is say that my tax refund is income and she is intitled to 20%. The order states that every other year I get to calm my daughter on my taxes. Can she get 20% of my tax refund?

1 Lawyer Answer
J. Richard Kulerski
J. Richard Kulerski
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: Yes, she is entitled to 20% of your tax refund. Had you declared the correct number of exemptions, there would be no refund. Your obligation is to pay 20% of your true net income - not 20% on the net income that appears on your pay stubs. No one ever knows what their true net income is until they do their taxes. Only then will they know if they are going to get a refund, or if they have to pay.

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