Are tax refund checks considered income when calculating child support?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania child support laws where I am licensed to practice.
Tax refunds should technically not be included in income if the child support guidelines were run using your appropriate tax filing status, number of dependents, etc. The reason is because your tax liability would then be calculated to the exact figure you owe for taxes that year and your support obligation would be determined accordingly.
Thus, if you overpaid taxes and were due a refund, then that refund would represent income that was already accounted for in running the guidelines.
If, on the other hand your exact tax filing status and deductions were not accounted for in running the guidelines, then it is possible a portion of the refund should be considered income.
In sum, refunds should not be included in income if the income was already included when calculating child support.
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Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Philadelphia Divorce Lawyer Maura C. Boogay, contact Cordell & Cordell.