Tax Refunds and Divorces

April 15 is upon us again, and you know what that means: time to pay federal and state income taxes. Many people will receive refunds from “Uncle Sam” if they had too much money withheld from their paychecks over the past tax year. If you are going through a divorce, are already divorced, or if you pay or receive child support, there are a few things you should know about tax refunds. If you will be receiving a refund and you are still married, your spouse may be entitled to a portion of the refund. Even if one spouse earns more than the other spouse, the court may not necessarily divide the refund based on each spouse’s earnings. The court may order the spouses to equally share the refund. A tax refund can also affect Illinois child support payments. In Illinois, there are minimum child support guidelines which generally require a non-custodial parent to pay a percentage of his or her net income as child support. For example, if there is one child, the non-custodial parent usually pays 20% of his or her net income to the custodial parent. If a parent who pays child support pursuant to a child support order receives a tax refund, that refund may be additional income. The custodial parent may have a claim to the other parent’s refund, depending on the child support order that is in effect.

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If you are looking for legal advice and representation with an Illinois divorce, schedule a consultation with experienced Chicago divorce attorney, Tanya Witt, at (312) 500-5400 or

Representing men and women in Chicago divorce and child custody cases.

This blog does not constitute legal advice. Please consult with an attorney regarding your specific case.