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?

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.

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.

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.

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.

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.

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.

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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Originally Posted by fdfasfasdf

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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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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Originally Posted by JudyKayTee

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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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.

Last Order was in 2009 in NY State... I'm also curious about this. My fiancée is going to court for upward modification. Her ex is in the brackets of Self Supportive Reserve and Poverty... by his w-2's and tax return 2010-2011. But his tax-refund for the past two years takes him out of those brackets. Can the court impute that as income based on the past two years?