Phoenix, AZ asked in Bankruptcy for Arizona

Q: I understand that the trustee will want my tax refund but I have arrears in child support in California

California will take about half of my tax refund for arrears in child support, will the trustee accept that or can he ask the state for it back?

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1 Lawyer Answer
Mallory Powers
Mallory Powers
  • Bankruptcy Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: As long as you don't receive the tax refund (money in hand) and it is directly sent to the State of California by the IRS or the Department of Revenue, then the Trustee should not ask you to turn over those funds. The Trustee could request the funds back from the State directly, but it is often not worth it for the Trustee to do so because domestic support obligations are a priority debt that would need to be paid with funds collected by the Trustee anyway.

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