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Does a tax refund count as income for support?

Asked Aug 31, 2009, 10:26 AM — 10 Answers
I received a rather large tax refund in 2009 due to an overpayment of estimated taxes related to the sale of stock. The date of the stock sale was April 2008. Should this tax refund be included with any other 2008 income in the calculation of my child support?

10 Answers
fdfasfasdf's Avatar
fdfasfasdf Posts: 1, Reputation: 10
Junior Member
 
#2

Jan 5, 2010, 02:21 PM
No. You overpaid your taxes. It's as if you bought a $8k car and paid the guy $10k. He sends you a refund of $2k. You didn't make an extra $2k that year, you just got refunded extra cash you already earned.
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fdfasfasdf's Avatar
fdfasfasdf Posts: 1, Reputation: 10
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#3

Jan 5, 2010, 02:21 PM
No. You overpaid your taxes. It's as if you bought a $8k car and paid the guy $10k. He sends you a refund of $2k. You didn't make an extra $2k that year, you just got refunded extra cash you already earned.
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fdfasfasdf's Avatar
fdfasfasdf Posts: 1, Reputation: 10
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#4

Jan 5, 2010, 02:21 PM
No. You overpaid your taxes. It's as if you bought a $8k car and paid the guy $10k. He sends you a refund of $2k. You didn't make an extra $2k that year, you just got refunded extra cash you already earned.
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fdfasfasdf's Avatar
fdfasfasdf Posts: 1, Reputation: 10
Junior Member
 
#5

Jan 5, 2010, 02:21 PM
No. You overpaid your taxes. It's as if you bought a $8k car and paid the guy $10k. He sends you a refund of $2k. You didn't make an extra $2k that year, you just got refunded extra cash you already earned.
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fdfasfasdf's Avatar
fdfasfasdf Posts: 1, Reputation: 10
Junior Member
 
#6

Jan 5, 2010, 02:21 PM
No. You overpaid your taxes. It's as if you bought a $8k car and paid the guy $10k. He sends you a refund of $2k. You didn't make an extra $2k that year, you just got refunded extra cash you already earned.
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fdfasfasdf's Avatar
fdfasfasdf Posts: 1, Reputation: 10
Junior Member
 
#7

Jan 5, 2010, 02:21 PM
No. You overpaid your taxes. It's as if you bought a $8k car and paid the guy $10k. He sends you a refund of $2k. You didn't make an extra $2k that year, you just got refunded extra cash you already earned.
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fdfasfasdf's Avatar
fdfasfasdf Posts: 1, Reputation: 10
Junior Member
 
#8

Jan 5, 2010, 02:21 PM
No. You overpaid your taxes. It's as if you bought a $8k car and paid the guy $10k. He sends you a refund of $2k. You didn't make an extra $2k that year, you just got refunded extra cash you already earned.
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JudyKayTee's Avatar
JudyKayTee Posts: 45,483, Reputation: 23573
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#9

Jan 5, 2010, 05:36 PM
Quote:
Originally Posted by fdfasfasdf View Post
no. You overpaid your taxes. It's as if you bought a $8k car and paid the guy $10k. He sends you a refund of $2k. You didn't make an extra $2k that year, you just got refunded extra cash you already earned.

I understood you the first 6 times you posted this.

I only know how child support works in NY BUT - If your net income was considered and taxation was taken into account, yes, you need to claim it.

I would ask your Attorney or the Court.
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cdad's Avatar
cdad Posts: 10,967, Reputation: 6550
Internet Research Expert
 
#10

Jan 9, 2010, 10:45 AM
Quote:
Originally Posted by JudyKayTee View Post
I understood you the first 6 times you posted this.

I only know how child support works in NY BUT - If your net income was considered and taxation was taken into account, yes, you need to claim it.

I would ask your Attorney or the Court.
I agree. In most cases when they calculate child support they are looking for net resources. A refund would be part of that pool of money for the child. Now if there is something unusual about it then it can be set aside or a portion can be used for your adjusted gross income. But that's up to a judge to decide. Take for instance you were to win $10,000 in the lottery. That money can be considered but lets face it its not likely year after year so only a portion of it might be used to calculate child support over the long haul.
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