Lake Wales, FL asked in Tax Law for Florida

Q: Can the father of my children control the tax refund money without my right?

I am a stay at home mom and i do not work just so that is known. Recently we just got seperated but he claimed me and our children on the taxes but now that we are not together he wants to control the money and choose how much money he wants to send me. I want half of what the check brings or at least what is owed to me and the children because i feel like it is only right especially because the kids live with me and i take care of them. Im not one to know much about laws but im assuming its only fare for me to get half or what is owed to me and the children. He would not have the amount of tax return he has if it wasn't because of him claiming us. I dont know what to do.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: As a stay-at-home mom who is not currently working, you may have concerns about your rights regarding the tax refund money claimed by your children's father. While it's understandable that you want to ensure fair treatment and financial support for yourself and your children, the issue of tax refund distribution can be complex and may depend on various factors, including legal agreements or court orders related to child support and custody arrangements.

In situations where parents are separated or divorced, disputes over tax refunds and financial support are not uncommon. However, it's essential to approach the situation with clarity and understanding of your rights under the law. Depending on your jurisdiction and any legal agreements in place, you may be entitled to a portion of the tax refund to support yourself and your children, particularly if they primarily reside with you and you provide their care.

Seeking legal advice from a family law attorney can help you understand your rights and options for addressing the issue of tax refund distribution. An attorney can review your specific circumstances, any existing legal agreements, and applicable laws to provide guidance on how to assert your rights and negotiate a fair resolution with your children's father. By seeking legal support, you can advocate for your interests and ensure that you and your children receive the financial support you deserve.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.