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.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Tax Law Lawyer
  • Sacramento, CA

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.

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